CS/CS/CS/HB 1363

A bill to be entitled
2An act relating to transportation; amending s. 120.80,
3F.S., relating to rulemaking; exempting the adjustment of
4tolls under specified provisions from provisions requiring
5a statement of estimated regulatory costs and a
6requirement for legislative ratification; amending s.
7316.091, F.S.; prohibiting use of human-powered vehicles
8on limited access highways and bridges; requiring the
9Department of Transportation to establish a pilot program
10to open certain limited access highways and bridges to
11bicycles and other human-powered vehicles; providing
12requirements for the pilot program; authorizing the
13department to continue or expand the program after the end
14of the pilot period; requiring a report to the Governor
15and the Legislature; amending s. 316.302, F.S.; exempting
16operators of farm labor vehicles from certain safety
17regulations under certain circumstances; amending s.
18331.303, F.S.; defining "spaceport launch support
19facilities"; amending s. 334.03, F.S.; revising
20definitions for purposes of the Florida Transportation
21Code; amending s. 334.044, F.S.; revising the powers and
22duties of the department relating to jurisdictional
23responsibility and designating facilities; revising the
24types of transportation projects for which landscaping
25materials must be purchased; limiting the amount of funds
26that may be allocated for such purchases; revising the
27department's duties related to agreements with Space
28Florida; amending s. 334.047, F.S.; removing a provision
29prohibiting the department from establishing a maximum
30number of miles of urban principal arterial roads within a
31district or county; amending s. 336.021, F.S.; revising
32the date when imposition of the ninth-cent fuel tax is to
33be levied; amending s. 336.025, F.S.; revising the dates
34when impositions or rate changes of the local option fuel
35tax are to be levied and when counties must notify the
36Department of Revenue of such rates or rate changes;
37revising the definition of "transportation expenditures";
38amending s. 337.111, F.S.; providing additional forms of
39security for the cost of removal of monuments or memorials
40or modifications to an installation site at highway rest
41areas; removing a provision requiring renewal of a bond;
42amending ss. 337.403 and 337.404, F.S.; revising
43provisions for alleviation of interference with a public
44road or publically owned rail corridor caused by a utility
45facility; requiring the utility owner to initiate and
46complete the work necessary within a certain time period;
47providing for notice to the utility; revising provisions
48for payment of costs; revising provisions for completion
49of work when the utility owner does not perform the work;
50amending s. 337.408, F.S.; revising provisions for certain
51facilities installed within the right-of-way limits of
52roads; requiring counties and municipalities to indemnify
53the department from certain claims relating to the
54installation, removal, or relocation of a noncompliant
55bench or shelter; authorizing the department to direct a
56county or municipality to remove or relocate a bus stop,
57bench, transit shelter, waste disposal receptacle, public
58pay telephone, or modular news rack that is not in
59compliance with applicable laws or rules; directing the
60department to remove or relocate such installation and
61charge the cost to the county or municipality; authorizing
62the department to deduct the cost from funding available
63to the municipality or county from the department;
64removing a provision for the replacement of an unusable
65transit bus bench that was in service before a certain
66date; revising the title of chapter 338, F.S.; repealing
67s. 338.001, F.S., relating to provisions for the Florida
68Intrastate Highway System Plan; amending s. 338.01, F.S.;
69including authority of the department in provisions for
70the establishment of limited access facilities; amending
71s. 339.155, F.S.; revising provisions for statewide
72transportation planning by the department; providing for
73federally required transportation planning factors;
74revising provisions for the Florida Transportation Plan;
75removing requirements that the plan include a long-range
76component and a short-range component; removing certain
77reporting requirements; revising requirements for public
78participation in the planning process; amending s.
79339.175, F.S.; providing that representatives of the
80department shall serve as nonvoting advisers to a
81metropolitan planning organization; authorizing the
82appointment of additional nonvoting advisers; amending s.
83339.63, F.S.; providing for inclusion of certain access
84facilities in the Strategic Intermodal System and the
85Emerging Strategic Intermodal System; amending s. 339.64,
86F.S.; revising provisions for development of the Strategic
87Intermodal System Plan; removing the Statewide Intermodal
88Transportation Advisory Council; creating s. 339.65, F.S.;
89providing for the department to plan and develop Strategic
90Intermodal System highway corridors; providing for
91allocations of funds on a specified basis; providing for
92corridor projects to be included in the department's
93adopted work program and changes to be a separate part of
94the tentative work program; amending s. 341.302, F.S.;
95providing for construction of safety measures along
96passenger rail corridors and improvements at intermodal
97stations; amending s. 348.0003, F.S.; revising financial
98disclosure requirements for certain transportation
99authorities; amending s. 349.03, F.S.; providing for
100financial disclosure requirements for the Jacksonville
101Transportation Authority; amending s. 349.04, F.S.;
102providing that the Jacksonville Transportation Authority
103may conduct meetings and workshops using communications
104media technology; providing that certain actions may not
105be taken unless a quorum is present in person; providing
106that members must be physically present to vote on any
107item; amending s. 373.413, F.S.; providing legislative
108intent regarding flexibility in the permitting of
109stormwater management systems; requiring the cost of
110stormwater treatment for a transportation project to be
111balanced with benefits to the public; absolving the
112Department of Transportation of responsibility for the
113abatement of pollutants entering its stormwater facilities
114from offsite sources and from updating permits for
115adjacent lands impacted by right-of-way acquisition;
116authorizing the water management districts and the
117Department of Environmental Protection to adopt rules;
118creating s. 479.075, F.S.; defining the terms "sign" and
119"sign permit fee"; establishing limitations on fees
120charged for sign permits; requiring a fee schedule to be
121based on actual costs; providing that the fee may not
122exceed certain costs; requiring the local government
123maintain information to justify certain costs; providing
124that specified provisions do not apply to certain signs;
125providing for effect with respect to any agreement,
126resolution, or ordinance; requiring removal of a sign to
127adhere to specified provisions; amending s. 479.106, F.S.;
128revising requirements for an application for a permit to
129remove, cut, or trim trees or vegetation around a sign;
130requiring that the application include a vegetation
131management plan, a mitigation contribution to a trust
132fund, or a combination of both; providing certain
133evaluation criteria; providing criteria for the use of
134herbicides; providing a time limit within which the
135Department of Transportation must act; providing that the
136permit is valid for 5 years; providing for an extension of
137the permit; reducing the number of nonconforming signs
138that must be removed before a permit may be issued for
139certain signs; providing criteria for view zones;
140requiring the department to provide notice to the sign
141owner of beautification projects or vegetation planting;
142amending s. 28, ch. 2008-174, Laws of Florida; revising
143the expiration of a pilot program that authorizes the Palm
144Beach County school district to recognize its business
145partners by displaying such business partners' names on
146school district property in unincorporated areas;
147designating Edna S. Hargrett-Thrower Avenue in Orange
148County; designating SP4 Thomas Berry Corbin Memorial
149Highway and U.S. Navy BMC Samuel Calhoun Chavous, Jr.
150Memorial Highway in Dixie County; designating Marine Lance
151Corporal Brian R. Buesing Memorial Highway, United States
152Army Sergeant Karl A. Campbell Memorial Highway, and U.S.
153Army SPC James A. Page Memorial Highway in Levy County;
154designating Veterans Memorial Highway in Putnam County;
155designating Ben G. Watts Highway in Washington County;
156designating Mardi Gras Way, West Park Boulevard, and
157Pembroke Park Boulevard in Broward County; designating
158Stark Memorial Drive and Duval County Law Enforcement
159Memorial Overpass in Duval County; designating Verna Bell
160Way in Nassau County; designating Deputy Hal P. Croft and
161Deputy Ronald Jackson Memorial Highway in Union County;
162designating Dr. Oscar Elias Biscet Boulevard in Miami-Dade
163County; designating Alma Lee Loy Bridge in Indian River
164County; amending ss. 24 and 45, ch. 2010-230, Laws of
165Florida; revising the designation for Miss Lillie Williams
166Boulevard and Father Gerard Jean-Juste Street in Miami-
167Dade County; directing the Department of Transportation to
168erect suitable markers; amending ss. 163.3180, 288.063,
169311.07, 311.09, 316.2122, 316.515, 336.01, 338.222,
170338.223, 338.2275, 338.228, 339.2819, 339.285, 341.8225,
171479.01, 479.07, and 479.261, F.S., relating to
172transportation concurrency, contracts, port facilities,
173Florida Seaport Transportation and Economic Development
174Council, low-speed vehicles and mini trucks, width and
175height limitations, the county road system, turnpike
176projects, revenue bonds, Transportation Regional Incentive
177Program, Enhanced Bridge Program for Sustainable
178Transportation, high-speed rail projects, outdoor
179advertising, sign permits, and the Logo sign program,
180respectively; revising cross-references; amending ss.
181163.3187, 318.12, 335.02, 338.227, 338.234, 339.62,
182341.053, and 403.7211, F.S., relating to comprehensive
183plans, traffic infractions, standards for lanes, services
184related to the financing of projects, concessions along
185the turnpike, components of the Strategic Intermodal
186System, Intermodal Development Program, and hazardous
187waste facilities, respectively; revising references to
188conform to the incorporation of the Florida Intrastate
189Highway System into the Strategic Intermodal System and to
190changes made by the act; amending s. 20.23, F.S.;
191providing that the Florida Statewide Passenger Rail
192Commission has the primary and exclusive authority to
193monitor certain designated functions related to passenger
194rail systems; removing from the Florida Transportation
195Commission the responsibility and duty to monitor the
196efficiency, productivity, and management of all publicly
197funded passenger rail systems in the state; amending s.
198311.09, F.S.; providing that Citrus County may apply for a
199grant for a feasibility study through the Florida Seaport
200Transportation and Economic Development Council; providing
201for the evaluation of the application; requiring the
202Department of Transportation to include the study in its
203budget request under certain circumstances; amending s.
204212.055, F.S.; requiring counties to revise, as necessary,
205any interlocal agreements entered into with municipalities
206for the distribution of proceeds of the discretionary
207sales surcharge in order that newly participating
208municipalities may receive a share of the distribution;
209specifying conditions by which a municipality may receive
210a distribution of the sales surcharge; amending s.
211316.613, F.S.; providing an exception for certain for-hire
212passenger vehicles from provisions requiring the use of
213child restraint devices in motor vehicles; providing
214effective dates.
216Be It Enacted by the Legislature of the State of Florida:
218     Section 1.  Subsection (17) is added to section 120.80,
219Florida Statutes, to read:
220     120.80  Exceptions and special requirements; agencies.-
221     (17)  DEPARTMENT OF TRANSPORTATION.-Sections 120.54(3)(b)
222and 120.541 do not apply to the adjustment of tolls pursuant to
223s. 338.165(3).
224     Section 2.  Subsection (4) of section 316.091, Florida
225Statutes, is amended, present subsection (5) of that section is
226renumbered as subsection (6), and a new subsection (5) is added
227to that section, to read:
228     316.091  Limited access facilities; interstate highways;
229use restricted.-
230     (4)  No person shall operate a bicycle or other human-
231powered vehicle on the roadway or along the shoulder of a
232limited access highway, including bridges, unless official signs
233and a designated marked bicycle lane are present at the entrance
234of the section of highway indicating that such use is permitted
235pursuant to a pilot program of the Department of Transportation
236an interstate highway.
237     (5)  The Department of Transportation shall establish a 2-
238year pilot program, in three separate urban areas, in which it
239shall erect signs and designate marked bicycle lanes indicating
240highway approaches and bridge segments of limited access
241highways as open to use by operators of bicycles and other
242human-powered vehicles, under the following conditions:
243     (a)  The limited access highway approaches and bridge
244segments chosen must cross a river, lake, bay, inlet, or surface
245water where no street or highway crossing the water body is
246available for use within 2 miles of the entrance to the limited
247access facility measured along the shortest public right-of-way.
248     (b)  The Department of Transportation, with the concurrence
249of the Federal Highway Administration on the interstate
250facilities, shall establish the three highway approaches and
251bridge segments for the pilot project by October 1, 2011. In
252selecting the highway approaches and bridge segments, the
253Department of Transportation shall consider, without limitation,
254a minimum size of population in the urban area within 5 miles of
255the highway approach and bridge segment, the lack of bicycle
256access by other means, cost, safety, and operational impacts.
257     (c)  The Department of Transportation shall begin the pilot
258program by erecting signs and designating marked bicycle lanes
259indicating highway approaches and bridge segments of limited
260access highways, as qualified by the conditions described in
261this subsection, as open to use by operators of bicycles and
262other human-powered vehicles no later than January 1, 2012.
263     (d)  The Department of Transportation shall conduct the
264pilot program for a minimum of 2 years following the
265implementation date. The department may continue to provide
266bicycle access on the highway approaches and bridge segments
267chosen for the pilot program or initiate bicycle access on other
268limited access facilities after the end of the program.
269     (e)  The Department of Transportation shall submit a report
270of its findings and recommendations from the pilot program to
271the Governor, the President of the Senate, and the Speaker of
272the House of Representatives by September 1, 2014. The report
273shall include, at a minimum, bicycle crash data occurring in the
274designated segments of the pilot program, usage by operators of
275bicycles and other human-powered vehicles, enforcement issues,
276operational impacts, and the cost of the pilot program.
277     Section 3.  Paragraph (b) of subsection (2) of section
278316.302, Florida Statutes, is amended to read:
279     316.302  Commercial motor vehicles; safety regulations;
280transporters and shippers of hazardous materials; enforcement.-
281     (2)
282     (b)  Except as provided in 49 C.F.R. s. 395.1, a person who
283operates a commercial motor vehicle solely in intrastate
284commerce not transporting any hazardous material in amounts that
285require placarding pursuant to 49 C.F.R. part 172 may not drive:
286     1.  More than 12 hours following 10 consecutive hours off
287duty; or
288     2.  For any period after the end of the 16th hour after
289coming on duty following 10 consecutive hours off duty.
291The provisions of This paragraph does do not apply to operators
292of farm labor vehicles during a state of emergency declared by
293the Governor or under s. 570.07(21) or to drivers of utility
294service vehicles as defined in 49 C.F.R. s. 395.2.
295     Section 4.  Subsection (17) of section 331.303, Florida
296Statutes, is amended to read:
297     331.303  Definitions.-
298     (17)  "Spaceport launch support facilities" means
299industrial facilities as described in s. 380.0651(3)(c) and
300includes include any launch pad, launch control center, and
301fixed launch-support equipment, facilities located at launch
302sites or launch ranges that are required to support launch
303activities, including launch vehicle assembly, launch vehicle
304operations and control, communications, flight safety functions,
305and payload operations, control, and processing, as defined in
306chapter 84 of Title 15 of the United States Code, Commercial
307Space Competitiveness, 15 U.S.C. s. 5802, launch support
308infrastructure, and transportation infrastructure necessary to
309support space launch activities.
310     Section 5.  Section 334.03, Florida Statutes, is amended to
312     334.03  Definitions.-When used in the Florida
313Transportation Code, the term:
314     (1)(37)  "511" or "511 services" means three-digit
315telecommunications dialing to access interactive voice response
316telephone traveler information services provided in the state as
317defined by the Federal Communications Commission in FCC Order
318No. 00-256, July 31, 2000.
319     (1)  "Arterial road" means a route providing service which
320is relatively continuous and of relatively high traffic volume,
321long average trip length, high operating speed, and high
322mobility importance. In addition, every United States numbered
323highway is an arterial road.
324     (2)(2)  "Bridge" means a structure, including supports,
325erected over a depression or an obstruction, such as water or a
326highway or railway, and having a track or passageway for
327carrying traffic as defined in chapter 316 or other moving
329     (3)  "City street system" means all local roads within a
330municipality, and all collector roads inside that municipality,
331which are not in the county road system.
332     (4)  "Collector road" means a route providing service which
333is of relatively moderate average traffic volume, moderately
334average trip length, and moderately average operating speed.
335Such a route also collects and distributes traffic between local
336roads or arterial roads and serves as a linkage between land
337access and mobility needs.
338     (4)(5)  "Commissioners" means the governing body of a
340     (5)(6)  "Consolidated metropolitan statistical area" means
341two or more metropolitan statistical areas that are socially and
342economically interrelated as defined by the United States Bureau
343of the Census.
344     (6)(7)  "Controlled access facility" means a street or
345highway to which the right of access is highly regulated by the
346governmental entity having jurisdiction over the facility in
347order to maximize the operational efficiency and safety of the
348high-volume through traffic utilizing the facility. Owners or
349occupants of abutting lands and other persons have a right of
350access to or from such facility at such points only and in such
351manner as may be determined by the governmental entity.
352     (7)(8)  "County road system" means all collector roads in
353the unincorporated areas of a county and all extensions of such
354collector roads into and through any incorporated areas, all
355local roads in the unincorporated areas, and all urban minor
356arterial roads not in the State Highway System.
357     (8)(9)  "Department" means the Department of
359     (10)  "Florida Intrastate Highway System" means a system of
360limited access and controlled access facilities on the State
361Highway System which have the capacity to provide high-speed and
362high-volume traffic movements in an efficient and safe manner.
363     (9)(11)  "Functional classification" means the assignment
364of roads into systems according to the character of service they
365provide in relation to the total road network using procedures
366developed by the Federal Highway Administration. Basic
367functional categories include arterial roads, collector roads,
368and local roads which may be subdivided into principal, major,
369or minor levels. Those levels may be additionally divided into
370rural and urban categories.
371     (10)(12)  "Governmental entity" means a unit of government,
372or any officially designated public agency or authority of a
373unit of government, that has the responsibility for planning,
374construction, operation, or maintenance or jurisdiction over
375transportation facilities; the term includes the Federal
376Government, the state government, a county, an incorporated
377municipality, a metropolitan planning organization, an
378expressway or transportation authority, a road and bridge
379district, a special road and bridge district, and a regional
380governmental unit.
381     (11)(38)  "Interactive voice response" means a software
382application that accepts a combination of voice telephone input
383and touch-tone keypad selection and provides appropriate
384responses in the form of voice, fax, callback, e-mail, and other
386     (12)(13)  "Limited access facility" means a street or
387highway especially designed for through traffic, and over, from,
388or to which owners or occupants of abutting land or other
389persons have no right or easement of access, light, air, or view
390by reason of the fact that their property abuts upon such
391limited access facility or for any other reason. Such highways
392or streets may be facilities from which trucks, buses, and other
393commercial vehicles are excluded; or they may be facilities open
394to use by all customary forms of street and highway traffic.
395     (13)(14)  "Local governmental entity" means a unit of
396government with less than statewide jurisdiction, or any
397officially designated public agency or authority of such a unit
398of government, that has the responsibility for planning,
399construction, operation, or maintenance of, or jurisdiction
400over, a transportation facility; the term includes, but is not
401limited to, a county, an incorporated municipality, a
402metropolitan planning organization, an expressway or
403transportation authority, a road and bridge district, a special
404road and bridge district, and a regional governmental unit.
405     (15)  "Local road" means a route providing service which is
406of relatively low average traffic volume, short average trip
407length or minimal through-traffic movements, and high land
408access for abutting property.
409     (14)(16)  "Metropolitan area" means a geographic region
410comprising as a minimum the existing urbanized area and the
411contiguous area projected to become urbanized within a 20-year
412forecast period. The boundaries of a metropolitan area may be
413designated so as to encompass a metropolitan statistical area or
414a consolidated metropolitan statistical area. If a metropolitan
415area, or any part thereof, is located within a nonattainment
416area, the boundaries of the metropolitan area must be designated
417so as to include the boundaries of the entire nonattainment
418area, unless otherwise provided by agreement between the
419applicable metropolitan planning organization and the Governor.
420     (15)(17)  "Metropolitan statistical area" means an area
421that includes a municipality of 50,000 persons or more, or an
422urbanized area of at least 50,000 persons as defined by the
423United States Bureau of the Census, provided that the component
424county or counties have a total population of at least 100,000.
425     (16)(18)  "Nonattainment area" means an area designated by
426the United States Environmental Protection Agency, pursuant to
427federal law, as exceeding national primary or secondary ambient
428air quality standards for the pollutants carbon monoxide or
430     (17)(19)  "Periodic maintenance" means activities that are
431large in scope and require a major work effort to restore
432deteriorated components of the transportation system to a safe
433and serviceable condition, including, but not limited to, the
434repair of large bridge structures, major repairs to bridges and
435bridge systems, and the mineral sealing of lengthy sections of
437     (18)(20)  "Person" means any person described in s. 1.01 or
438any unit of government in or outside the state.
439     (19)(21)  "Right of access" means the right of ingress to a
440highway from abutting land and egress from a highway to abutting
442     (20)(22)  "Right-of-way" means land in which the state, the
443department, a county, or a municipality owns the fee or has an
444easement devoted to or required for use as a transportation
446     (21)(23)  "Road" means a way open to travel by the public,
447including, but not limited to, a street, highway, or alley. The
448term includes associated sidewalks, the roadbed, the right-of-
449way, and all culverts, drains, sluices, ditches, water storage
450areas, waterways, embankments, slopes, retaining walls, bridges,
451tunnels, and viaducts necessary for the maintenance of travel
452and all ferries used in connection therewith.
453     (22)(24)  "Routine maintenance" means minor repairs and
454associated tasks necessary to maintain a safe and efficient
455transportation system. The term includes: pavement patching;
456shoulder repair; cleaning and repair of drainage ditches,
457traffic signs, and structures; mowing; bridge inspection and
458maintenance; pavement striping; litter cleanup; and other
459similar activities.
460     (23)(25)  "State Highway System" means the following, which
461shall be facilities to which access is regulated:
462     (a)  the interstate system and all other roads within the
463state which were under the jurisdiction of the state on June 10,
4641995, and roads constructed by an agency of the state for the
465State Highway System, and roads transferred to the state's
466jurisdiction after that date by mutual consent with another
467governmental entity, but not roads so transferred from the
468state's jurisdiction. Such facilities shall be facilities to
469which access is regulated.;
470     (b)  All rural arterial routes and their extensions into
471and through urban areas;
472     (c)  All urban principal arterial routes; and
473     (d)  The urban minor arterial mileage on the existing State
474Highway System as of July 1, 1987, plus additional mileage to
475comply with the 2-percent requirement as described below.
477However, not less than 2 percent of the public road mileage of
478each urbanized area on record as of June 30, 1986, shall be
479included as minor arterials in the State Highway System.
480Urbanized areas not meeting the foregoing minimum requirement
481shall have transferred to the State Highway System additional
482minor arterials of the highest significance in which case the
483total minor arterials in the State Highway System from any
484urbanized area shall not exceed 2.5 percent of that area's total
485public urban road mileage.
486     (24)(26)  "State Park Road System" means roads embraced
487within the boundaries of state parks and state roads leading to
488state parks, other than roads of the State Highway System, the
489county road systems, or the city street systems.
490     (25)(27)  "State road" means a street, road, highway, or
491other way open to travel by the public generally and dedicated
492to the public use according to law or by prescription and
493designated by the department, as provided by law, as part of the
494State Highway System.
495     (26)(28)  "Structure" means a bridge, viaduct, tunnel,
496causeway, approach, ferry slip, culvert, toll plaza, gate, or
497other similar facility used in connection with a transportation
499     (27)(29)  "Sufficiency rating" means the objective rating
500of a road or section of a road for the purpose of determining
501its capability to serve properly the actual or anticipated
502volume of traffic using the road.
503     (28)(30)  "Transportation corridor" means any land area
504designated by the state, a county, or a municipality which is
505between two geographic points and which area is used or suitable
506for the movement of people and goods by one or more modes of
507transportation, including areas necessary for management of
508access and securing applicable approvals and permits.
509Transportation corridors shall contain, but are not limited to,
510the following:
511     (a)  Existing publicly owned rights-of-way;
512     (b)  All property or property interests necessary for
513future transportation facilities, including rights of access,
514air, view, and light, whether public or private, for the purpose
515of securing and utilizing future transportation rights-of-way,
516including, but not limited to, any lands reasonably necessary
517now or in the future for securing applicable approvals and
518permits, borrow pits, drainage ditches, water retention areas,
519rest areas, replacement access for landowners whose access could
520be impaired due to the construction of a future facility, and
521replacement rights-of-way for relocation of rail and utility
523     (29)(31)  "Transportation facility" means any means for the
524transportation of people or property from place to place which
525is constructed, operated, or maintained in whole or in part from
526public funds. The term includes the property or property rights,
527both real and personal, which have been or may be established by
528public bodies for the transportation of people or property from
529place to place.
530     (30)(32)  "Urban area" means a geographic region comprising
531as a minimum the area inside the United States Bureau of the
532Census boundary of an urban place with a population of 5,000 or
533more persons, expanded to include adjacent developed areas as
534provided for by Federal Highway Administration regulations.
535     (33)  "Urban minor arterial road" means a route that
536generally interconnects with and augments an urban principal
537arterial road and provides service to trips of shorter length
538and a lower level of travel mobility. The term includes all
539arterials not classified as "principal" and contain facilities
540that place more emphasis on land access than the higher system.
541     (31)(34)  "Urban place" means a geographic region composed
542of one or more contiguous census tracts that have been found by
543the United States Bureau of the Census to contain a population
544density of at least 1,000 persons per square mile.
545     (35)  "Urban principal arterial road" means a route that
546generally serves the major centers of activity of an urban area,
547the highest traffic volume corridors, and the longest trip
548purpose and carries a high proportion of the total urban area
549travel on a minimum of mileage. Such roads are integrated, both
550internally and between major rural connections.
551     (32)(36)  "Urbanized area" means a geographic region
552comprising as a minimum the area inside an urban place of 50,000
553or more persons, as designated by the United States Bureau of
554the Census, expanded to include adjacent developed areas as
555provided for by Federal Highway Administration regulations.
556Urban areas with a population of fewer than 50,000 persons which
557are located within the expanded boundary of an urbanized area
558are not separately recognized.
559     Section 6.  Subsections (11), (13), (26), and (33) of
560section 334.044, Florida Statutes, are amended to read:
561     334.044  Department; powers and duties.-The department
562shall have the following general powers and duties:
563     (11)  To establish a numbering system for public roads, and
564to functionally classify such roads, and to assign
565jurisdictional responsibility.
566     (13)  To designate existing and to plan proposed
567transportation facilities as part of the State Highway System,
568and to construct, maintain, and operate such facilities.
569     (26)  To provide for the enhancement of environmental
570benefits, including air and water quality; to prevent roadside
571erosion; to conserve the natural roadside growth and scenery;
572and to provide for the implementation and maintenance of
573roadside conservation, enhancement, and stabilization programs.
574No more less than 1.5 percent of the amount contracted for
575construction projects that add capacity to the existing system
576shall be allocated by the department for the purchase of plant
577materials., with, To the greatest extent practical, a minimum of
57850 percent of these funds shall be allocated for large plant
579materials and the remaining funds for other plant materials. All
580such plant materials shall be purchased from Florida commercial
581nursery stock in this state on a uniform competitive bid basis.
582The department will develop grades and standards for landscaping
583materials purchased through this process. To accomplish these
584activities, the department may contract with nonprofit
585organizations having the primary purpose of developing youth
586employment opportunities.
587     (33)  To enter into agreement with Space Florida to
588coordinate and cooperate in the development of spaceport
589infrastructure as defined in s. 331.303(10) and (17) and related
590transportation facilities contained in the Strategic Intermodal
591System Plan and, where appropriate, encourage the cooperation
592and integration of airports and spaceports in order to meet
593transportation-related needs.
594     Section 7.  Section 334.047, Florida Statutes, is amended
595to read:
596     334.047  Prohibition.-Notwithstanding any other provision
597of law to the contrary, the Department of Transportation may not
598establish a cap on the number of miles in the State Highway
599System or a maximum number of miles of urban principal arterial
600roads, as defined in s. 334.03, within a district or county.
601     Section 8.  Subsection (5) of section 336.021, Florida
602Statutes, is amended to read:
603     336.021  County transportation system; levy of ninth-cent
604fuel tax on motor fuel and diesel fuel.-
605     (5)  All impositions of the tax shall be levied before
606October 1 July 1 of each year to be effective January 1 of the
607following year. However, levies of the tax which were in effect
608on July 1, 2002, and which expire on August 31 of any year may
609be reimposed at the current authorized rate to be effective
610September 1 of the year of expiration. All impositions shall be
611required to end on December 31 of a year. A decision to rescind
612the tax shall not take effect on any date other than December 31
613and shall require a minimum of 60 days' notice to the department
614of such decision.
615     Section 9.  Paragraphs (a) and (b) of subsection (1),
616paragraph (a) of subsection (5), and paragraphs (d) and (e) of
617subsection (7) of section 336.025, Florida Statutes, are amended
618to read:
619     336.025  County transportation system; levy of local option
620fuel tax on motor fuel and diesel fuel.-
621     (1)(a)  In addition to other taxes allowed by law, there
622may be levied as provided in ss. 206.41(1)(e) and 206.87(1)(c) a
6231-cent, 2-cent, 3-cent, 4-cent, 5-cent, or 6-cent local option
624fuel tax upon every gallon of motor fuel and diesel fuel sold in
625a county and taxed under the provisions of part I or part II of
626chapter 206.
627     1.  All impositions and rate changes of the tax shall be
628levied before October 1 July 1 to be effective January 1 of the
629following year for a period not to exceed 30 years, and the
630applicable method of distribution shall be established pursuant
631to subsection (3) or subsection (4). However, levies of the tax
632which were in effect on July 1, 2002, and which expire on August
63331 of any year may be reimposed at the current authorized rate
634effective September 1 of the year of expiration. Upon
635expiration, the tax may be relevied provided that a
636redetermination of the method of distribution is made as
637provided in this section.
638     2.  County and municipal governments shall utilize moneys
639received pursuant to this paragraph only for transportation
641     3.  Any tax levied pursuant to this paragraph may be
642extended on a majority vote of the governing body of the county.
643A redetermination of the method of distribution shall be
644established pursuant to subsection (3) or subsection (4), if,
645after July 1, 1986, the tax is extended or the tax rate changed,
646for the period of extension or for the additional tax.
647     (b)  In addition to other taxes allowed by law, there may
648be levied as provided in s. 206.41(1)(e) a 1-cent, 2-cent, 3-
649cent, 4-cent, or 5-cent local option fuel tax upon every gallon
650of motor fuel sold in a county and taxed under the provisions of
651part I of chapter 206. The tax shall be levied by an ordinance
652adopted by a majority plus one vote of the membership of the
653governing body of the county or by referendum.
654     1.  All impositions and rate changes of the tax shall be
655levied before October 1 July 1, to be effective January 1 of the
656following year. However, levies of the tax which were in effect
657on July 1, 2002, and which expire on August 31 of any year may
658be reimposed at the current authorized rate effective September
6591 of the year of expiration.
660     2.  The county may, prior to levy of the tax, establish by
661interlocal agreement with one or more municipalities located
662therein, representing a majority of the population of the
663incorporated area within the county, a distribution formula for
664dividing the entire proceeds of the tax among county government
665and all eligible municipalities within the county. If no
666interlocal agreement is adopted before the effective date of the
667tax, tax revenues shall be distributed pursuant to the
668provisions of subsection (4). If no interlocal agreement exists,
669a new interlocal agreement may be established prior to June 1 of
670any year pursuant to this subparagraph. However, any interlocal
671agreement agreed to under this subparagraph after the initial
672levy of the tax or change in the tax rate authorized in this
673section shall under no circumstances materially or adversely
674affect the rights of holders of outstanding bonds which are
675backed by taxes authorized by this paragraph, and the amounts
676distributed to the county government and each municipality shall
677not be reduced below the amount necessary for the payment of
678principal and interest and reserves for principal and interest
679as required under the covenants of any bond resolution
680outstanding on the date of establishment of the new interlocal
682     3.  County and municipal governments shall use moneys
683received pursuant to this paragraph for transportation
684expenditures needed to meet the requirements of the capital
685improvements element of an adopted comprehensive plan or for
686expenditures needed to meet immediate local transportation
687problems and for other transportation-related expenditures that
688are critical for building comprehensive roadway networks by
689local governments. For purposes of this paragraph, expenditures
690for the construction of new roads, the reconstruction or
691resurfacing of existing paved roads, or the paving of existing
692graded roads shall be deemed to increase capacity and such
693projects shall be included in the capital improvements element
694of an adopted comprehensive plan. Expenditures for purposes of
695this paragraph shall not include routine maintenance of roads.
696     (5)(a)  By October 1 July 1 of each year, the county shall
697notify the Department of Revenue of the rate of the taxes levied
698pursuant to paragraphs (1)(a) and (b), and of its decision to
699rescind or change the rate of a tax, if applicable, and shall
700provide the department with a certified copy of the interlocal
701agreement established under subparagraph (1)(b)2. or
702subparagraph (3)(a)1. with distribution proportions established
703by such agreement or pursuant to subsection (4), if applicable.
704A decision to rescind a tax shall not take effect on any date
705other than December 31 and shall require a minimum of 60 days'
706notice to the Department of Revenue of such decision.
707     (7)  For the purposes of this section, "transportation
708expenditures" means expenditures by the local government from
709local or state shared revenue sources, excluding expenditures of
710bond proceeds, for the following programs:
711     (d)  Street lighting installation, operation, maintenance,
712and repair.
713     (e)  Traffic signs;, traffic engineering;, signalization
714installation, operation, maintenance, and repair; and pavement
716     Section 10.  Subsection (4) of section 337.111, Florida
717Statutes, is amended to read:
718     337.111  Contracting for monuments and memorials to
719military veterans at rest areas.-The Department of
720Transportation is authorized to enter into contract with any
721not-for-profit group or organization that has been operating for
722not less than 2 years for the installation of monuments and
723memorials honoring Florida's military veterans at highway rest
724areas around the state pursuant to the provisions of this
726     (4)  The group or organization making the proposal shall
727provide a 10-year bond, an annual renewable bond, an irrevocable
728letter of credit, or other form of security as approved by the
729department's comptroller, for the purpose of securing the cost
730of removal of the monument and any modifications made to the
731site as part of the placement of the monument should the
732Department of Transportation determine it necessary to remove or
733relocate the monument. Such removal or relocation shall be
734approved by the committee described in subsection (1). Prior to
735expiration, the bond shall be renewed for another 10-year period
736if the memorial is to remain in place.
737     Section 11.  Section 337.403, Florida Statutes, is amended
738to read:
739     337.403  Interference caused by Relocation of utility;
741     (1)  When a Any utility heretofore or hereafter placed
742upon, under, over, or along any public road or publicly owned
743rail corridor that is found by the authority to be unreasonably
744interfering in any way with the convenient, safe, or continuous
745use, or the maintenance, improvement, extension, or expansion,
746of such public road or publicly owned rail corridor, the utility
747owner shall, upon 30 days' written notice to the utility or its
748agent by the authority, initiate the work necessary to alleviate
749the interference be removed or relocated by such utility at its
750own expense except as provided in paragraphs (a)-(f). The work
751shall be completed within such reasonable time as stated in the
752notice or such time as agreed to by the authority and the
753utility owner.
754     (a)  If the relocation of utility facilities, as referred
755to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
756627 of the 84th Congress, is necessitated by the construction of
757a project on the federal-aid interstate system, including
758extensions thereof within urban areas, and the cost of the
759project is eligible and approved for reimbursement by the
760Federal Government to the extent of 90 percent or more under the
761Federal Aid Highway Act, or any amendment thereof, then in that
762event the utility owning or operating such facilities shall
763perform any necessary work relocate the facilities upon notice
764from order of the department, and the state shall pay the entire
765expense properly attributable to such work relocation after
766deducting therefrom any increase in the value of any the new
767facility and any salvage value derived from any the old
769     (b)  When a joint agreement between the department and the
770utility is executed for utility improvement, relocation, or
771removal work to be accomplished as part of a contract for
772construction of a transportation facility, the department may
773participate in those utility work improvement, relocation, or
774removal costs that exceed the department's official estimate of
775the cost of the work by more than 10 percent. The amount of such
776participation shall be limited to the difference between the
777official estimate of all the work in the joint agreement plus 10
778percent and the amount awarded for this work in the construction
779contract for such work. The department may not participate in
780any utility work improvement, relocation, or removal costs that
781occur as a result of changes or additions during the course of
782the contract.
783     (c)  When an agreement between the department and utility
784is executed for utility improvement, relocation, or removal work
785to be accomplished in advance of a contract for construction of
786a transportation facility, the department may participate in the
787cost of clearing and grubbing necessary to perform such work.
788     (d)  If the utility facility involved being removed or
789relocated was initially installed to exclusively serve the
790department, its tenants, or both, the department shall bear the
791costs of the utility work removing or relocating that utility
792facility. However, the department is not responsible for bearing
793the cost of utility work related to removing or relocating any
794subsequent additions to that facility for the purpose of serving
796     (e)  If, under an agreement between a utility and the
797authority entered into after July 1, 2009, the utility conveys,
798subordinates, or relinquishes a compensable property right to
799the authority for the purpose of accommodating the acquisition
800or use of the right-of-way by the authority, without the
801agreement expressly addressing future responsibility for the
802cost of necessary utility work removing or relocating the
803utility, the authority shall bear the cost of removal or
804relocation. This paragraph does not impair or restrict, and may
805not be used to interpret, the terms of any such agreement
806entered into before July 1, 2009.
807     (f)  If the utility is an electric facility being relocated
808underground in order to enhance vehicular, bicycle, and
809pedestrian safety and in which ownership of the electric
810facility to be placed underground has been transferred from a
811private to a public utility within the past 5 years, the
812department shall incur all costs of the necessary utility work
814     (2)  If such utility work removal or relocation is
815incidental to work to be done on such road or publicly owned
816rail corridor, the notice shall be given at the same time the
817contract for the work is advertised for bids, or no less than 30
818days prior to the commencement of such work by the authority,
819whichever is greater.
820     (3)  Whenever the notice from an order of the authority
821requires such utility work removal or change in the location of
822any utility from the right-of-way of a public road or publicly
823owned rail corridor, and the owner thereof fails perform the
824work to remove or change the same at his or her own expense to
825conform to the order within the time stated in the notice or
826such other time as agreed to by the authority and the utility
827owner, the authority shall proceed to cause the utility work to
828be performed to be removed. The expense thereby incurred shall
829be paid out of any money available therefor, and such expense
830shall, except as provided in subsection (1), be charged against
831the owner and levied and collected and paid into the fund from
832which the expense of such relocation was paid.
833     Section 12.  Subsection (1) of section 337.404, Florida
834Statutes, is amended to read:
835     337.404  Removal or relocation of utility facilities;
836notice and order; court review.-
837     (1)  Whenever it shall become necessary for the authority
838to perform utility work remove or relocate any utility as
839provided in s. 337.403 the preceding section, the owner of the
840utility, or the owner's chief agent, shall be given notice that
841the authority will perform of such work removal or relocation
842and, after the work is complete, shall be given an order
843requiring the payment of the cost thereof, and a shall be given
844reasonable time, which shall not be less than 20 nor more than
84530 days, in which to appear before the authority to contest the
846reasonableness of the order. Should the owner or the owner's
847representative not appear, the determination of the cost to the
848owner shall be final. Authorities considered agencies for the
849purposes of chapter 120 shall adjudicate removal or relocation
850of utilities pursuant to chapter 120.
851     Section 13.  Subsections (1) and (4) of section 337.408,
852Florida Statutes, are amended to read:
853     337.408  Regulation of bus stops, benches, transit
854shelters, street light poles, waste disposal receptacles, and
855modular news racks within rights-of-way.-
856     (1)  Benches or transit shelters, including advertising
857displayed on benches or transit shelters, may be installed
858within the right-of-way limits of any municipal, county, or
859state road, except a limited access highway, provided that such
860benches or transit shelters are for the comfort or convenience
861of the general public or are at designated stops on official bus
862routes and provided that written authorization has been given to
863a qualified private supplier of such service by the municipal
864government within whose incorporated limits such benches or
865transit shelters are installed or by the county government
866within whose unincorporated limits such benches or transit
867shelters are installed. A municipality or county may authorize
868the installation, without public bid, of benches and transit
869shelters together with advertising displayed thereon within the
870right-of-way limits of such roads. All installations shall be in
871compliance with all applicable laws and rules, including,
872without limitation, the Americans with Disabilities Act.
873Municipalities or counties shall indemnify, defend, and hold
874harmless the department from any suits, actions, proceedings,
875claims, losses, costs, charges, expenses, damages, liabilities,
876attorney fees, and court costs relating to the installation,
877removal, or relocation of such installations. Any contract for
878the installation of benches or transit shelters or advertising
879on benches or transit shelters which was entered into before
880April 8, 1992, without public bidding is ratified and affirmed.
881Such benches or transit shelters may not interfere with right-
882of-way preservation and maintenance. Any bench or transit
883shelter located on a sidewalk within the right-of-way limits of
884any road on the State Highway System or the county road system
885shall be located so as to leave at least 36 inches of clearance
886for pedestrians and persons in wheelchairs. Such clearance shall
887be measured in a direction perpendicular to the centerline of
888the road.
889     (4)  The department has the authority to direct the
890immediate relocation or removal of any bus stop, bench, transit
891shelter, waste disposal receptacle, public pay telephone, or
892modular news rack that endangers life or property, or that is
893otherwise not in compliance with applicable laws and rules,
894except that transit bus benches that were placed in service
895before April 1, 1992, are not required to comply with bench size
896and advertising display size requirements established by the
897department before March 1, 1992. If a municipality or county
898fails to comply with the department's direction, the department
899shall remove the noncompliant installation, charge the cost of
900the removal to the municipality or county, and may deduct or
901offset such cost from any other funding available to the
902municipality or county from the department. Any transit bus
903bench that was in service before April 1, 1992, may be replaced
904with a bus bench of the same size or smaller, if the bench is
905damaged or destroyed or otherwise becomes unusable. The
906department may adopt rules relating to the regulation of bench
907size and advertising display size requirements. If a
908municipality or county within which a bench is to be located has
909adopted an ordinance or other applicable regulation that
910establishes bench size or advertising display sign requirements
911different from requirements specified in department rule, the
912local government requirement applies within the respective
913municipality or county. Placement of any bench or advertising
914display on the National Highway System under a local ordinance
915or regulation adopted under this subsection is subject to
916approval of the Federal Highway Administration.
917     Section 14.  Chapter 338, Florida Statutes, is retitled
919     Section 15.  Section 338.001, Florida Statutes, is
921     Section 16.  Subsections (1) through (6) of section 338.01,
922Florida Statutes, are renumbered as subsections (2) through (7),
923respectively, and a new subsection (1) is added to that section
924to read:
925     338.01  Authority to establish and regulate limited access
927     (1)  The department is authorized to establish limited
928access facilities as provided in s. 335.02. The primary function
929of such limited access facilities is to allow high-speed and
930high-volume traffic movements within the state. Access to
931abutting land is subordinate to this function, and such access
932must be prohibited or highly regulated.
933     Section 17.  Section 339.155, Florida Statutes, is amended
934to read:
935     339.155  Transportation planning.-
936     (1)  THE FLORIDA TRANSPORTATION PLAN.-The department shall
937develop and annually update a statewide transportation plan, to
938be known as the Florida Transportation Plan. The plan shall be
939designed so as to be easily read and understood by the general
940public. The purpose of the Florida Transportation Plan is to
941establish and define the state's long-range transportation goals
942and objectives to be accomplished over a period of at least 20
943years within the context of the State Comprehensive Plan, and
944any other statutory mandates and authorizations and based upon
945the prevailing principles of: preserving the existing
946transportation infrastructure; enhancing Florida's economic
947competitiveness; and improving travel choices to ensure
948mobility. The Florida Transportation Plan shall consider the
949needs of the entire state transportation system and examine the
950use of all modes of transportation to effectively and
951efficiently meet such needs.
952     (2)  SCOPE OF PLANNING PROCESS.-The department shall carry
953out a transportation planning process in conformance with s.
954334.046(1) and 23 U.S.C. s. 135. which provides for
955consideration of projects and strategies that will:
956     (a)  Support the economic vitality of the United States,
957Florida, and the metropolitan areas, especially by enabling
958global competitiveness, productivity, and efficiency;
959     (b)  Increase the safety and security of the transportation
960system for motorized and nonmotorized users;
961     (c)  Increase the accessibility and mobility options
962available to people and for freight;
963     (d)  Protect and enhance the environment, promote energy
964conservation, and improve quality of life;
965     (e)  Enhance the integration and connectivity of the
966transportation system, across and between modes throughout
967Florida, for people and freight;
968     (f)  Promote efficient system management and operation; and
969     (g)  Emphasize the preservation of the existing
970transportation system.
971     (3)  FORMAT, SCHEDULE, AND REVIEW.-The Florida
972Transportation Plan shall be a unified, concise planning
973document that clearly defines the state's long-range
974transportation goals and objectives and documents the
975department's short-range objectives developed to further such
976goals and objectives. The plan shall:
977     (a)  Include a glossary that clearly and succinctly defines
978any and all phrases, words, or terms of art included in the
979plan, with which the general public may be unfamiliar. and shall
980consist of, at a minimum, the following components:
981     (b)(a)  Document A long-range component documenting the
982goals and long-term objectives necessary to implement the
983results of the department consistent with department's findings
984from its examination of the criteria listed in subsection (2)
985and s. 334.046(1) and 23 U.S.C. s. 135. The long-range component
987     (c)  Be developed in cooperation with the metropolitan
988planning organizations and reconciled, to the maximum extent
989feasible, with the long-range plans developed by metropolitan
990planning organizations pursuant to s. 339.175. The plan must
992     (d)  Be developed in consultation with affected local
993officials in nonmetropolitan areas and with any affected Indian
994tribal governments. The plan must
995     (e)  Provide an examination of transportation issues likely
996to arise during at least a 20-year period. The long-range
997component shall
998     (f)  Be updated at least once every 5 years, or more often
999as necessary, to reflect substantive changes to federal or state
1001     (b)  A short-range component documenting the short-term
1002objectives and strategies necessary to implement the goals and
1003long-term objectives contained in the long-range component. The
1004short-range component must define the relationship between the
1005long-range goals and the short-range objectives, specify those
1006objectives against which the department's achievement of such
1007goals will be measured, and identify transportation strategies
1008necessary to efficiently achieve the goals and objectives in the
1009plan. It must provide a policy framework within which the
1010department's legislative budget request, the strategic
1011information resource management plan, and the work program are
1012developed. The short-range component shall serve as the
1013department's annual agency strategic plan pursuant to s.
1014186.021. The short-range component shall be developed consistent
1015with available and forecasted state and federal funds. The
1016short-range component shall also be submitted to the Florida
1017Transportation Commission.
1018     (4)  ANNUAL PERFORMANCE REPORT.-The department shall
1019develop an annual performance report evaluating the operation of
1020the department for the preceding fiscal year. The report shall
1021also include a summary of the financial operations of the
1022department and shall annually evaluate how well the adopted work
1023program meets the short-term objectives contained in the short-
1024range component of the Florida Transportation Plan. This
1025performance report shall be submitted to the Florida
1026Transportation Commission and the legislative appropriations and
1027transportation committees.
1029     (a)  Upon request by local governmental entities, the
1030department may in its discretion develop and design
1031transportation corridors, arterial and collector streets,
1032vehicular parking areas, and other support facilities which are
1033consistent with the plans of the department for major
1034transportation facilities. The department may render to local
1035governmental entities or their planning agencies such technical
1036assistance and services as are necessary so that local plans and
1037facilities are coordinated with the plans and facilities of the
1039     (b)  Each regional planning council, as provided for in s.
1040186.504, or any successor agency thereto, shall develop, as an
1041element of its strategic regional policy plan, transportation
1042goals and policies. The transportation goals and policies must
1043be prioritized to comply with the prevailing principles provided
1044in subsection (2) and s. 334.046(1). The transportation goals
1045and policies shall be consistent, to the maximum extent
1046feasible, with the goals and policies of the metropolitan
1047planning organization and the Florida Transportation Plan. The
1048transportation goals and policies of the regional planning
1049council will be advisory only and shall be submitted to the
1050department and any affected metropolitan planning organization
1051for their consideration and comments. Metropolitan planning
1052organization plans and other local transportation plans shall be
1053developed consistent, to the maximum extent feasible, with the
1054regional transportation goals and policies. The regional
1055planning council shall review urbanized area transportation
1056plans and any other planning products stipulated in s. 339.175
1057and provide the department and respective metropolitan planning
1058organizations with written recommendations which the department
1059and the metropolitan planning organizations shall take under
1060advisement. Further, the regional planning councils shall
1061directly assist local governments which are not part of a
1062metropolitan area transportation planning process in the
1063development of the transportation element of their comprehensive
1064plans as required by s. 163.3177.
1065     (c)  Regional transportation plans may be developed in
1066regional transportation areas in accordance with an interlocal
1067agreement entered into pursuant to s. 163.01 by two or more
1068contiguous metropolitan planning organizations; one or more
1069metropolitan planning organizations and one or more contiguous
1070counties, none of which is a member of a metropolitan planning
1071organization; a multicounty regional transportation authority
1072created by or pursuant to law; two or more contiguous counties
1073that are not members of a metropolitan planning organization; or
1074metropolitan planning organizations comprised of three or more
1076     (d)  The interlocal agreement must, at a minimum, identify
1077the entity that will coordinate the development of the regional
1078transportation plan; delineate the boundaries of the regional
1079transportation area; provide the duration of the agreement and
1080specify how the agreement may be terminated, modified, or
1081rescinded; describe the process by which the regional
1082transportation plan will be developed; and provide how members
1083of the entity will resolve disagreements regarding
1084interpretation of the interlocal agreement or disputes relating
1085to the development or content of the regional transportation
1086plan. Such interlocal agreement shall become effective upon its
1087recordation in the official public records of each county in the
1088regional transportation area.
1089     (e)  The regional transportation plan developed pursuant to
1090this section must, at a minimum, identify regionally significant
1091transportation facilities located within a regional
1092transportation area and contain a prioritized list of regionally
1093significant projects. The level-of-service standards for
1094facilities to be funded under this subsection shall be adopted
1095by the appropriate local government in accordance with s.
1096163.3180(10). The projects shall be adopted into the capital
1097improvements schedule of the local government comprehensive plan
1098pursuant to s. 163.3177(3).
1101     (a)  During the development of the long-range component of
1102the Florida Transportation Plan and prior to substantive
1103revisions, the department shall provide citizens, affected
1104public agencies, representatives of transportation agency
1105employees, other affected employee representatives, private
1106providers of transportation, and other known interested parties
1107with an opportunity to comment on the proposed plan or
1108revisions. These opportunities shall include, at a minimum,
1109publishing a notice in the Florida Administrative Weekly and
1110within a newspaper of general circulation within the area of
1111each department district office.
1112     (b)  During development of major transportation
1113improvements, such as those increasing the capacity of a
1114facility through the addition of new lanes or providing new
1115access to a limited or controlled access facility or
1116construction of a facility in a new location, the department
1117shall hold one or more hearings prior to the selection of the
1118facility to be provided; prior to the selection of the site or
1119corridor of the proposed facility; and prior to the selection of
1120and commitment to a specific design proposal for the proposed
1121facility. Such public hearings shall be conducted so as to
1122provide an opportunity for effective participation by interested
1123persons in the process of transportation planning and site and
1124route selection and in the specific location and design of
1125transportation facilities. The various factors involved in the
1126decision or decisions and any alternative proposals shall be
1127clearly presented so that the persons attending the hearing may
1128present their views relating to the decision or decisions which
1129will be made.
1130     (c)  Opportunity for design hearings:
1131     1.  The department, prior to holding a design hearing,
1132shall duly notify all affected property owners of record, as
1133recorded in the property appraiser's office, by mail at least 20
1134days prior to the date set for the hearing. The affected
1135property owners shall be:
1136     a.  Those whose property lies in whole or in part within
1137300 feet on either side of the centerline of the proposed
1139     b.  Those whom the department determines will be
1140substantially affected environmentally, economically, socially,
1141or safetywise.
1142     2.  For each subsequent hearing, the department shall
1143publish notice prior to the hearing date in a newspaper of
1144general circulation for the area affected. These notices must be
1145published twice, with the first notice appearing at least 15
1146days, but no later than 30 days, before the hearing.
1147     3.  A copy of the notice of opportunity for the hearing
1148must be furnished to the United States Department of
1149Transportation and to the appropriate departments of the state
1150government at the time of publication.
1151     4.  The opportunity for another hearing shall be afforded
1152in any case when proposed locations or designs are so changed
1153from those presented in the notices specified above or at a
1154hearing as to have a substantially different social, economic,
1155or environmental effect.
1156     5.  The opportunity for a hearing shall be afforded in each
1157case in which the department is in doubt as to whether a hearing
1158is required.
1159     Section 18.  Paragraph (a) of subsection (4) of section
1160339.175, Florida Statutes, is amended to read:
1161     339.175  Metropolitan planning organization.-
1162     (4)  APPORTIONMENT.-
1163     (a)  The Governor shall, with the agreement of the affected
1164units of general-purpose local government as required by federal
1165rules and regulations, apportion the membership on the
1166applicable M.P.O. among the various governmental entities within
1167the area. At the request of a majority of the affected units of
1168general-purpose local government comprising an M.P.O., the
1169Governor and a majority of units of general-purpose local
1170government serving on an M.P.O. shall cooperatively agree upon
1171and prescribe who may serve as an alternate member and a method
1172for appointing alternate members who may vote at any M.P.O.
1173meeting that an alternate member attends in place of a regular
1174member. The method shall be set forth as a part of the
1175interlocal agreement describing the M.P.O.'s membership or in
1176the M.P.O.'s operating procedures and bylaws. The governmental
1177entity so designated shall appoint the appropriate number of
1178members to the M.P.O. from eligible officials. Representatives
1179of the department shall serve as nonvoting advisers to members
1180of the M.P.O. governing board. Additional nonvoting advisers may
1181be appointed by the M.P.O. as deemed necessary; however, to the
1182maximum extent feasible, each M.P.O. shall seek to appoint
1183nonvoting representatives of various multimodal forms of
1184transportation not otherwise represented by voting members of
1185the M.P.O. An M.P.O. shall appoint nonvoting advisers
1186representing major military installations located within the
1187jurisdictional boundaries of the M.P.O. upon the request of the
1188aforesaid major military installations and subject to the
1189agreement of the M.P.O. All nonvoting advisers may attend and
1190participate fully in governing board meetings but shall not have
1191a vote and shall not be members of the governing board. The
1192Governor shall review the composition of the M.P.O. membership
1193in conjunction with the decennial census as prepared by the
1194United States Department of Commerce, Bureau of the Census, and
1195reapportion it as necessary to comply with subsection (3).
1196     Section 19.  Subsection (2) of section 339.63, Florida
1197Statutes, is amended to read:
1198     339.63  System facilities designated; additions and
1200     (2)  The Strategic Intermodal System and the Emerging
1201Strategic Intermodal System include four three different types
1202of facilities that each form one component of an interconnected
1203transportation system which types include:
1204     (a)  Existing or planned hubs that are ports and terminals
1205including airports, seaports, spaceports, passenger terminals,
1206and rail terminals serving to move goods or people between
1207Florida regions or between Florida and other markets in the
1208United States and the rest of the world.;
1209     (b)  Existing or planned corridors that are highways, rail
1210lines, waterways, and other exclusive-use facilities connecting
1211major markets within Florida or between Florida and other states
1212or nations.; and
1213     (c)  Existing or planned intermodal connectors that are
1214highways, rail lines, waterways or local public transit systems
1215serving as connectors between the components listed in
1216paragraphs (a) and (b).
1217     (d)  Existing or planned military access facilities that
1218are highways or rail lines linking Strategic Intermodal System
1219corridors to the state's strategic military installations.
1220     Section 20.  Section 339.64, Florida Statutes, is amended
1221to read:
1222     339.64  Strategic Intermodal System Plan.-
1223     (1)  The department shall develop, in cooperation with
1224metropolitan planning organizations, regional planning councils,
1225local governments, the Statewide Intermodal Transportation
1226Advisory Council and other transportation providers, a Strategic
1227Intermodal System Plan. The plan shall be consistent with the
1228Florida Transportation Plan developed pursuant to s. 339.155 and
1229shall be updated at least once every 5 years, subsequent to
1230updates of the Florida Transportation Plan.
1231     (2)  In association with the continued development of the
1232Strategic Intermodal System Plan, the Florida Transportation
1233Commission, as part of its work program review process, shall
1234conduct an annual assessment of the progress that the department
1235and its transportation partners have made in realizing the goals
1236of economic development, improved mobility, and increased
1237intermodal connectivity of the Strategic Intermodal System. The
1238Florida Transportation Commission shall coordinate with the
1239department, the Statewide Intermodal Transportation Advisory
1240Council, and other appropriate entities when developing this
1241assessment. The Florida Transportation Commission shall deliver
1242a report to the Governor and Legislature no later than 14 days
1243after the regular session begins, with recommendations as
1244necessary to fully implement the Strategic Intermodal System.
1245     (3)(a)  During the development of updates to the Strategic
1246Intermodal System Plan, the department shall provide
1247metropolitan planning organizations, regional planning councils,
1248local governments, transportation providers, affected public
1249agencies, and citizens with an opportunity to participate in and
1250comment on the development of the update.
1251     (b)  The department also shall coordinate with federal,
1252regional, and local partners the planning for the Strategic
1253Highway Network and the Strategic Rail Corridor Network
1254transportation facilities that either are included in the
1255Strategic Intermodal System or that provide a direct connection
1256between military installations and the Strategic Intermodal
1257System. In addition, the department shall coordinate with
1258regional and local partners to determine whether the road and
1259other transportation infrastructure that connect military
1260installations to the Strategic Intermodal System, the Strategic
1261Highway Network, or the Strategic Rail Corridor is regionally
1262significant and should be included in the Strategic Intermodal
1263System Plan.
1264     (4)  The Strategic Intermodal System Plan shall include the
1266     (a)  A needs assessment.
1267     (b)  A project prioritization process.
1268     (c)  A map of facilities designated as Strategic Intermodal
1269System facilities; facilities that are emerging in importance
1270and that are likely to become part of the system in the future;
1271and planned facilities that will meet the established criteria.
1272     (d)  A finance plan based on reasonable projections of
1273anticipated revenues, including both 10-year and at least 20-
1274year cost-feasible components.
1275     (e)  An assessment of the impacts of proposed improvements
1276to Strategic Intermodal System corridors on military
1277installations that are either located directly on the Strategic
1278Intermodal System or located on the Strategic Highway Network or
1279Strategic Rail Corridor Network.
1281     (a)  The Statewide Intermodal Transportation Advisory
1282Council is created to advise and make recommendations to the
1283Legislature and the department on policies, planning, and
1284funding of intermodal transportation projects. The council's
1285responsibilities shall include:
1286     1.  Advising the department on the policies, planning, and
1287implementation of strategies related to intermodal
1289     2.  Providing advice and recommendations to the Legislature
1290on funding for projects to move goods and people in the most
1291efficient and effective manner for the State of Florida.
1292     (b)  MEMBERSHIP.-Members of the Statewide Intermodal
1293Transportation Advisory Council shall consist of the following:
1294     1.  Six intermodal industry representatives selected by the
1295Governor as follows:
1296     a.  One representative from an airport involved in the
1297movement of freight and people from their airport facility to
1298another transportation mode.
1299     b.  One individual representing a fixed-route, local-
1300government transit system.
1301     c.  One representative from an intercity bus company
1302providing regularly scheduled bus travel as determined by
1303federal regulations.
1304     d.  One representative from a spaceport.
1305     e.  One representative from intermodal trucking companies.
1306     f.  One representative having command responsibilities of a
1307major military installation.
1308     2.  Three intermodal industry representatives selected by
1309the President of the Senate as follows:
1310     a.  One representative from major-line railroads.
1311     b.  One representative from seaports listed in s. 311.09(1)
1312from the Atlantic Coast.
1313     c.  One representative from an airport involved in the
1314movement of freight and people from their airport facility to
1315another transportation mode.
1316     3.  Three intermodal industry representatives selected by
1317the Speaker of the House of Representatives as follows:
1318     a.  One representative from short-line railroads.
1319     b.  One representative from seaports listed in s. 311.09(1)
1320from the Gulf Coast.
1321     c.  One representative from intermodal trucking companies.
1322In no event may this representative be employed by the same
1323company that employs the intermodal trucking company
1324representative selected by the Governor.
1325     (c)  Initial appointments to the council must be made no
1326later than 30 days after the effective date of this section.
1327     1.  The initial appointments made by the President of the
1328Senate and the Speaker of the House of Representatives shall
1329serve terms concurrent with those of the respective appointing
1330officer. Beginning January 15, 2005, and for all subsequent
1331appointments, council members appointed by the President of the
1332Senate and the Speaker of the House of Representatives shall
1333serve 2-year terms, concurrent with the term of the respective
1334appointing officer.
1335     2.  The initial appointees, and all subsequent appointees,
1336made by the Governor shall serve 2-year terms.
1337     3.  Vacancies on the council shall be filled in the same
1338manner as the initial appointments.
1339     (d)  Each member of the council shall be allowed one vote.
1340The council shall select a chair from among its membership.
1341Meetings shall be held at the call of the chair, but not less
1342frequently than quarterly. The members of the council shall be
1343reimbursed for per diem and travel expenses as provided in s.
1345     (e)  The department shall provide administrative staff
1346support and shall ensure that council meetings are
1347electronically recorded. Such recordings and all documents
1348received, prepared for, or used by the council in conducting its
1349business shall be preserved pursuant to chapters 119 and 257.
1350     Section 21.  Section 339.65, Florida Statutes, is created
1351to read:
1352     339.65  Strategic Intermodal System highway corridors.-
1353     (1)  The department shall plan and develop Strategic
1354Intermodal System highway corridors, including limited and
1355controlled access facilities, allowing for high-speed and high-
1356volume traffic movements within the state. The primary function
1357of these corridors is to provide such traffic movements. Access
1358to abutting land is subordinate to this function, and such
1359access must be prohibited or highly regulated.
1360     (2)  Strategic Intermodal System highway corridors shall
1361include facilities from the following components of the State
1362Highway System that meet the criteria adopted by the department
1363pursuant to s. 339.63:
1364     (a)  Interstate highways.
1365     (b)  The Florida Turnpike System.
1366     (c)  Interregional and intercity limited access facilities.
1367     (d)  Existing interregional and intercity arterial highways
1368previously upgraded or upgraded in the future to limited access
1369or controlled access facility standards.
1370     (e)  New limited access facilities necessary to complete a
1371balanced statewide system.
1372     (3)  The department shall adhere to the following policy
1373guidelines in the development of Strategic Intermodal System
1374highway corridors:
1375     (a)  Make capacity improvements to existing facilities
1376where feasible to minimize costs and environmental impacts.
1377     (b)  Identify appropriate arterial highways in major
1378transportation corridors for inclusion in a program to bring
1379these facilities up to limited access or controlled access
1380facility standards.
1381     (c)  Coordinate proposed projects with appropriate limited
1382access projects undertaken by expressway authorities and local
1383governmental entities.
1384     (d)  Maximize the use of limited access facility standards
1385when constructing new arterial highways.
1386     (e)  Identify appropriate new limited access highways for
1387inclusion as a part of the Florida Turnpike System.
1388     (f)  To the maximum extent feasible, ensure that proposed
1389projects are consistent with approved local government
1390comprehensive plans of the local jurisdictions in which such
1391facilities are to be located and with the transportation
1392improvement program of any metropolitan planning organization in
1393which such facilities are to be located.
1394     (4)  The department shall develop and maintain a plan of
1395Strategic Intermodal System highway corridor projects that are
1396anticipated to be let to contract for construction within a time
1397period of at least 20 years. The plan shall also identify when
1398segments of the corridor will meet the standards and criteria
1399developed pursuant to subsection (5).
1400     (5)  The department shall establish the standards and
1401criteria for the functional characteristics and design of
1402facilities proposed as part of Strategic Intermodal System
1403highway corridors.
1404     (6)  For the purposes of developing the proposed Strategic
1405Intermodal System highway corridors, beginning in fiscal year
14062003-2004 and for each fiscal year thereafter, the minimum
1407amount allocated shall be based on the fiscal year 2003-2004
1408allocation of $450 million adjusted annually by the change in
1409the Consumer Price Index for the prior fiscal year compared to
1410the Consumer Price Index for fiscal year 2003-2004.
1411     (7)  Any project to be constructed as part of a Strategic
1412Intermodal System highway corridor shall be included in the
1413department's adopted work program. Any Strategic Intermodal
1414System highway corridor projects that are added to or deleted
1415from the previous adopted work program, or any modification to
1416Strategic Intermodal System highway corridor projects contained
1417in the previous adopted work program, shall be specifically
1418identified and submitted as a separate part of the tentative
1419work program.
1420     Section 22.  Subsection (3) of section 341.302, Florida
1421Statutes, is amended to read:
1422     341.302  Rail program; duties and responsibilities of the
1423department.-The department, in conjunction with other
1424governmental entities, including the rail enterprise and the
1425private sector, shall develop and implement a rail program of
1426statewide application designed to ensure the proper maintenance,
1427safety, revitalization, and expansion of the rail system to
1428assure its continued and increased availability to respond to
1429statewide mobility needs. Within the resources provided pursuant
1430to chapter 216, and as authorized under federal law, the
1431department shall:
1432     (3)  Develop and periodically update the rail system plan,
1433on the basis of an analysis of statewide transportation needs.
1434     (a)  The plan may contain detailed regional components,
1435consistent with regional transportation plans, as needed to
1436ensure connectivity within the state's regions, and it shall be
1437consistent with the Florida Transportation Plan developed
1438pursuant to s. 339.155. The rail system plan shall include an
1439identification of priorities, programs, and funding levels
1440required to meet statewide and regional needs. The rail system
1441plan shall be developed in a manner that will assure the maximum
1442use of existing facilities and the optimum integration and
1443coordination of the various modes of transportation, public and
1444private, in the most cost-effective manner possible. The rail
1445system plan shall be updated no later than January 1, 2011, and
1446at least every 5 years thereafter, and include plans for both
1447passenger rail service and freight rail service, accompanied by
1448a report to the Legislature regarding the status of the plan.
1449     (b)  In recognition of the department's role in the
1450enhancement of the state's rail system to improve freight and
1451passenger mobility, the department shall:
1452     1.  Work closely with all affected communities along an
1453impacted freight rail corridor to identify and address
1454anticipated impacts associated with an increase in freight rail
1455traffic due to implementation of passenger rail.
1456     2.  In coordination with the affected local governments and
1457CSX Transportation, Inc., finalize all viable alternatives from
1458the department's Rail Traffic Evaluation Study to identify and
1459develop an alternative route for through freight rail traffic
1460moving through Central Florida, including the counties of Polk
1461and Hillsborough, which would address, to the extent
1462practicable, the effects of commuter rail.
1463     3.  Provide technical assistance to a coalition of local
1464governments in Central Florida, including the counties of
1465Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
1466Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
1467Sumter, and Volusia, and the municipalities within those
1468counties, to develop a regional rail system plan that addresses
1469passenger and freight opportunities in the region, is consistent
1470with the Florida Rail System Plan, and incorporates appropriate
1471elements of the Tampa Bay Area Regional Authority Master Plan,
1472the Metroplan Orlando Regional Transit System Concept Plan,
1473including the SunRail project, and the Florida Department of
1474Transportation Alternate Rail Traffic Evaluation.
1475     4.  Provide for, to the extent funds are available and
1476funding for high hazard grade crossing safety projects is not
1477adversely affected:
1478     a.  Construction of supplemental safety measures, known as
1479quadrant gates, as authorized by the Federal Railroad
1480Administration for quiet zone crossings, at any rail crossing
1481located along a passenger rail corridor and giving priority to
1482such projects in areas where a one-to-one local match is
1483available; and
1484     b.  Improvements at multimodal transportation centers, only
1485for the period of time that the passenger rail system is
1486operated and maintained by the department, that serve more than
1487one transportation mode, including, but not limited to, buses,
1488bicycles, and passenger rail, in an effort to maximize the
1489benefits of a passenger rail system. Priority shall be given to
1490multimodal transportation centers that have established the
1491regulatory framework for transit-oriented development in and
1492around its downtown service area.
1493     Section 23.  Paragraph (c) of subsection (4) of section
1494348.0003, Florida Statutes, is amended to read:
1495     348.0003  Expressway authority; formation; membership.-
1496     (4)
1497     (c)  Members of each expressway authority, transportation
1498authority, bridge authority, or toll authority, created pursuant
1499to this chapter, chapter 343, or chapter 349 or any other
1500general legislative enactment shall comply with the applicable
1501financial disclosure requirements of s. 8, Art. II of the State
1502Constitution. This paragraph does not subject any statutorily
1503created authority, other than an expressway authority created
1504under this part, to any other requirement of this part except
1505the requirement of this paragraph.
1506     Section 24.  Subsection (3) of section 349.03, Florida
1507Statutes, is amended to read:
1508     349.03  Jacksonville Transportation Authority.-
1509     (3)(a)  The terms of appointed members shall be for 4 years
1510deemed to have commenced on June 1 of the year in which they are
1511appointed. Each member shall hold office until a successor has
1512been appointed and has qualified. A vacancy during a term shall
1513be filled by the respective appointing authority only for the
1514balance of the unexpired term. Any member appointed to the
1515authority for two consecutive full terms shall not be eligible
1516for appointment to the next succeeding term. One of the members
1517so appointed shall be designated annually by the members as
1518chair of the authority, one member shall be designated annually
1519as the vice chair of the authority, one member shall be
1520designated annually as the secretary of the authority, and one
1521member shall be designated annually as the treasurer of the
1522authority. The members of the authority shall not be entitled to
1523compensation, but shall be reimbursed for travel expenses or
1524other expenses actually incurred in their duties as provided by
1525law. Four voting members of the authority shall constitute a
1526quorum, and no resolution adopted by the authority shall become
1527effective unless with the affirmative vote of at least four
1528members. Members of the authority shall file as their mandatory
1529financial disclosure a statement of financial interest with the
1530Commission on Ethics as provided in s. 112.3145(2)(b).
1531     (b)  The authority shall employ an executive director, and
1532the executive director may hire such staff, permanent or
1533temporary, as he or she may determine and may organize the staff
1534of the authority into such departments and units as he or she
1535may determine. The executive director may appoint department
1536directors, deputy directors, division chiefs, and staff
1537assistants to the executive director, as he or she may
1538determine. In so appointing the executive director, the
1539authority may fix the compensation of such appointee, who shall
1540serve at the pleasure of the authority. All employees of the
1541authority shall be exempt from the provisions of part II of
1542chapter 110. The authority may employ such financial advisers
1543and consultants, technical experts, engineers, and agents and
1544employees, permanent or temporary, as it may require and may fix
1545the compensation and qualifications of such persons, firms, or
1546corporations. The authority may delegate to one or more of its
1547agents or employees such of its powers as it shall deem
1548necessary to carry out the purposes of this chapter, subject
1549always to the supervision and control of the governing body of
1550the authority.
1551     Section 25.  Subsection (8) is added to section 349.04,
1552Florida Statutes, to read:
1553     349.04  Purposes and powers.-
1554     (8)  The authority may conduct public meetings and
1555workshops by means of communications media technology, as
1556provided in s. 120.54(5). However, a resolution, rule, or formal
1557action is not binding unless a quorum is physically present at
1558the noticed meeting location, and only members physically
1559present may vote on any item.
1560     Section 26.  Subsection (6) is added to section 373.413,
1561Florida Statutes, to read:
1562     373.413  Permits for construction or alteration.-
1563     (6)  It is the intent of the Legislature that the governing
1564board or department exercise flexibility in the permitting of
1565stormwater management systems associated with the construction
1566or alteration of systems serving state transportation projects
1567and facilities. Because of the unique limitations of linear
1568facilities, the governing board or department shall balance the
1569expenditure of public funds for stormwater treatment for state
1570transportation projects and facilities with the benefits to the
1571public in providing the most cost efficient and effective method
1572of achieving the treatment objectives. In consideration thereof,
1573the governing board or department shall allow alternatives to
1574onsite treatment, including, but not limited to, regional
1575stormwater treatment systems. The Department of Transportation
1576is responsible for treating stormwater generated from state
1577transportation projects but is not responsible for the abatement
1578of pollutants and flows entering its stormwater management
1579systems from offsite. However, this subsection does not prohibit
1580the Department of Transportation from receiving and managing
1581such pollutants and flows when it is found to be cost-effective
1582and prudent. Further, in association with rights-of-way
1583acquisition for state transportation projects, the Department of
1584Transportation is responsible for providing stormwater treatment
1585and attenuation for additional rights-of-way, but is not
1586responsible for modifying permits of adjacent lands when it is
1587not the permittee. To accomplish this, the governing board or
1588department shall adopt rules for these activities.
1589     Section 27.  Section 479.075, Florida Statutes, is created
1590to read:
1591     479.075  Sign permit fee limitations.-
1592     (1)  As used in this section, the term:
1593     (a)  "Sign" means any sign, wall mural, or media tower as
1594defined in s. 479.01 or as defined by a local government
1595agreement, resolution, or ordinance.
1596     (b)  "Sign permit fee" means any payment required as a
1597condition for building, erecting, inspecting, renewing,
1598maintaining, operating, relocating, or reconstructing a sign or
1599required pursuant to any agreement, ordinance, or resolution
1600that includes any provision relating to the issuance of a sign
1601permit or otherwise authorizing the building, erection,
1602inspection, renewal, maintenance, operation, relocation, or
1603reconstruction of a sign.
1604     (2)  A local government may establish by agreement,
1605resolution, or ordinance a sign permit fee schedule and may
1606assess fees for sign permits. The fee schedule must be based on
1607the actual cost of administering the local government sign
1608permitting program, the fee may not exceed the actual cost of
1609administering the program, and the local government shall
1610maintain information to justify the cost of administering the
1612     (3)  The provisions of this section do not apply to a sign
1613on property which a governmental entity has a property interest.
1614This section does not affect the validity of any other aspect of
1615any agreement, resolution, or ordinance regarding signs or
1616require the removal of any sign or repayment of any fees already
1617paid. A local government that requires the removal of a sign as
1618the result of the adoption of this section must adhere to the
1619provision of s. 70.20(2).
1620     Section 28.  Section 479.106, Florida Statutes, is amended
1621to read:
1622     479.106  Vegetation management.-
1623     (1)  The removal, cutting, or trimming of trees or
1624vegetation on public right-of-way to make visible or to ensure
1625future visibility of the facing of a proposed sign or previously
1626permitted sign shall be performed only with the written
1627permission of the department in accordance with the provisions
1628of this section.
1629     (2)  Any person desiring to engage in the removal, cutting,
1630or trimming of trees or vegetation for the purposes herein
1631described shall apply for an appropriate permit by make written
1632application to the department. The application for a permit
1633shall include, at the election of the applicant, one of the
1635     (a)  A vegetation management plan consisting of a property
1636sketch indicating the onsite location of the vegetation or
1637individual trees to be removed, cut, or trimmed and describing
1638the existing conditions and proposed work to be accomplished.
1639     (b)  Mitigation contribution to the Federal Grants Trust
1640Fund pursuant to s. 589.277(2) using values of a wholesale plant
1641nursery registered with the Division of Plant Industry of the
1642Department of Agriculture and Consumer Services.
1643     (c)  A combination of both a vegetation management plan and
1644mitigation contribution the applicant's plan for the removal,
1645cutting, or trimming and for the management of any vegetation
1646planted as part of a mitigation plan.
1647     (3)  In evaluating a vegetation management plan or
1648mitigation contribution, the department As a condition of any
1649removal of trees or vegetation, and where the department deems
1650appropriate as a condition of any cutting or trimming, the
1651department may require a vegetation management plan, approved by
1652the department, which considers conservation and mitigation, or
1653contribution to a plan of mitigation, for the replacement of
1654such vegetation. Each plan or contribution shall reasonably
1655evaluate the application as it relates relate to the vegetation
1656being affected by the application, taking into consideration the
1657condition of such vegetation, and, where appropriate, require a
1658vegetation management plan to consider conservation and
1659mitigation, or a contribution to a plan of mitigation, for the
1660cutting or removal of such vegetation. The department may
1661approve shall include plantings that which will allow reasonable
1662visibility of sign facings while screening sign structural
1663supports. Only herbicides approved by the Department of
1664Agriculture and Consumer Services may be used in the removal of
1665vegetation. The department shall act on the application for
1666approval of vegetation management plans, or approval of
1667mitigation contribution, within 30 days after receipt of such
1668application. A permit issued in response to such application is
1669valid for 5 years, may be renewed for an additional 5 years by
1670payment of the applicable application fee, and is binding upon
1671the department. The department may establish special mitigation
1672programs for the beautification and aesthetic improvement of
1673designated areas and permit individual applicants to contribute
1674to such programs as a part or in lieu of other mitigation
1676     (4)  The department may establish an application fee not to
1677exceed $25 for each individual application to defer the costs of
1678processing such application and a fee not to exceed $200 to
1679defer the costs of processing an application for multiple sites.
1680     (5)  The department may only grant a permit pursuant to s.
1681479.07 for a new sign which requires the removal, cutting, or
1682trimming of existing trees or vegetation on public right-of-way
1683for the sign face to be visible from the highway when the sign
1684owner has removed one at least two nonconforming sign signs of
1685approximate comparable size and surrendered the permits for the
1686nonconforming signs to the department for cancellation. For
1687signs originally permitted after July 1, 1996, no permit for the
1688removal, cutting, or trimming of trees or vegetation shall be
1689granted where such trees or vegetation are part of a
1690beautification project implemented prior to the date of the
1691original sign permit application, when the beautification
1692project is specifically identified in the department's
1693construction plans, permitted landscape projects, or agreements.
1694     (6)  As a minimum, view zones shall be established along
1695the public rights-of-way of interstate highways, expressways,
1696federal-aid primary highways, and the State Highway System in
1697the state, excluding privately or other publicly owned property,
1698as follows:
1699     (a)  A view zone of 350 feet for posted speed limits of 35
1700miles per hour or less.
1701     (b)  A view zone of 500 feet for posted speed limits of
1702more than 35 miles per hour.
1704The established view zone shall be within the first 1,000 feet
1705measured along the edge of the pavement in the direction of
1706approaching traffic from a point on the edge of the pavement
1707perpendicular to the edge of the sign facing nearest the highway
1708and shall be continuous unless interrupted by vegetation that
1709has established historical significance, is protected by state
1710law, or has a circumference, measured at 4 and 1/2 feet above
1711grade, equal to or greater than 70 percent of the circumference
1712of the Florida Champion of the same species as listed in the
1713Florida Register of Big Trees of the Florida Native Plant
1714Society. The sign owner may designate the specific location of
1715the view zone for each sign facing. In the absence of such
1716designation, the established view zone shall be measured from
1717the sign along the edge of the pavement in the direction of
1718approaching traffic as provided in this subsection.
1719     (7)(6)  Beautification projects, trees, or other vegetation
1720shall not be planted or located in the view zone of legally
1721erected and permitted outdoor advertising signs which have been
1722permitted prior to the date of the beautification project or
1723other planting, where such planting will, at the time of
1724planting or after future growth, screen such sign from view. The
1725department shall provide written notice to the owner not less
1726than 90 days before commencing a beautification project or other
1727vegetation planting that may affect a sign, allowing such owner
1728not less than 60 days to designate the specific location of the
1729view zone of such affected sign. A sign owner is not required to
1730prepare a vegetation management plan or secure a vegetation
1731management permit for the implementation of beautification
1733     (a)  View zones are established along the public rights-of-
1734way of interstate highways, expressways, federal-aid primary
1735highways, and the State Highway System in the state, excluding
1736privately or other publicly owned property, as follows:
1737     1.  A view zone of 350 feet for posted speed limits of 35
1738miles per hour or less.
1739     2.  A view zone of 500 feet for posted speed limits of over
174035 miles per hour.
1741     (b)  The established view zone shall be within the first
17421,000 feet measured along the edge of the pavement in the
1743direction of approaching traffic from a point on the edge of the
1744pavement perpendicular to the edge of the sign facing nearest
1745the highway and shall be continuous unless interrupted by
1746existing, naturally occurring vegetation. The department and the
1747sign owner may enter into an agreement identifying the specific
1748location of the view zone for each sign facing. In the absence
1749of such agreement, the established view zone shall be measured
1750from the sign along the edge of the pavement in the direction of
1751approaching traffic as provided in this subsection.
1752     (a)(c)  If a sign owner alleges any governmental entity or
1753other party has violated this subsection, the sign owner must
1754provide 90 days' written notice to the governmental entity or
1755other party allegedly violating this subsection. If the alleged
1756violation is not cured by the governmental entity or other party
1757within the 90-day period, the sign owner may file a claim in the
1758circuit court where the sign is located. A copy of such
1759complaint shall be served contemporaneously upon the
1760governmental entity or other party. If the circuit court
1761determines a violation of this subsection has occurred, the
1762court shall award a claim for compensation equal to the lesser
1763of the revenue from the sign lost during the time of screening
1764or the fair market value of the sign, and the governmental
1765entity or other party shall pay the award of compensation
1766subject to available appeal. Any modification or removal of
1767material within a beautification project or other planting by
1768the governmental entity or other party to cure an alleged
1769violation shall not require the issuance of a permit from the
1770Department of Transportation provided not less than 48 hours'
1771notice is provided to the department of the modification or
1772removal of the material. A natural person, private corporation,
1773or private partnership licensed under part II of chapter 481
1774providing design services for beautification or other projects
1775shall not be subject to a claim of compensation under this
1776section when the initial project design meets the requirements
1777of this section.
1778     (b)(d)  This subsection shall not apply to the provisions
1779of any existing written agreement executed before July 1, 2006,
1780between any local government and the owner of an outdoor
1781advertising sign.
1782     (8)(7)  Any person engaging in removal, cutting, or
1783trimming of trees or vegetation in violation of this section or
1784benefiting from such actions shall be subject to an
1785administrative penalty of up to $1,000 and required to mitigate
1786for the unauthorized removal, cutting, or trimming in such
1787manner and in such amount as may be required under the rules of
1788the department.
1789     (9)(8)  The intent of this section is to create partnering
1790relationships which will have the effect of improving the
1791appearance of Florida's highways and creating a net increase in
1792the vegetative habitat along the roads. Department rules shall
1793encourage the use of plants which are low maintenance and native
1794to the general region in which they are planted.
1795     Section 29.  Effective upon this act becoming a law,
1796section 3 of chapter 2008-174, Laws of Florida, is amended to
1798     Section 3.  (1)  School districts are encouraged to enter
1799into partnerships with local businesses for purposes of
1800mentorship opportunities, the development of employment options
1801and additional funding sources, and other mutual benefits.
1802     (2)  As a pilot program through June 30, 2013 2011, the
1803Palm Beach County school district may recognize its business
1804partners by publicly displaying such business partners' names on
1805school district property in the unincorporated areas. "Project
1806Graduation" and athletic sponsorships are examples of
1807appropriate recognition. The district shall make every effort to
1808display its business partners' names in a manner that is
1809consistent with the county standards for uniformity in size,
1810color, and placement of signs. If the provisions of this section
1811are inconsistent with the county ordinances or regulations
1812relating to signs in the unincorporated areas or inconsistent
1813with chapter 125, chapter 166, or chapter 479, Florida Statutes,
1814the provisions of this section prevail.
1815     Section 30.  Edna S. Hargrett-Thrower Avenue designated;
1816Department of Transportation to erect suitable markers.-
1817     (1)  That portion of Orange Blossom Trail between Gore
1818Street and Church Street in Orange County is designated as "Edna
1819S. Hargrett-Thrower Avenue."
1820     (2)  The Department of Transportation is directed to erect
1821suitable markers designating Edna S. Hargrett-Thrower Avenue as
1822described in subsection (1).
1823     Section 31.  SP4 Thomas Berry Corbin Memorial Highway
1824designated; Department of Transportation to erect suitable
1826     (1)  That portion of U.S. Highway 19/27A/98/State Road 55
1827between the Suwannee River Bridge and N.E. 592nd Street/Chavous
1828Road/Kate Green Road in Dixie County is designated as "SP4
1829Thomas Berry Corbin Memorial Highway."
1830     (2)  The Department of Transportation is directed to erect
1831suitable markers designating SP4 Thomas Berry Corbin Memorial
1832Highway as described in subsection (1).
1833     Section 32.  U.S. Navy BMC Samuel Calhoun Chavous, Jr.
1834Memorial Highway designated; Department of Transportation to
1835erect suitable markers.-
1836     (1)  That portion of U.S. Highway 19/98/State Road 55
1837between N.E. 592nd Street/Chavous Road/Kate Green Road and N.E.
1838170th Street in Dixie County is designated as "U.S. Navy BMC
1839Samuel Calhoun Chavous, Jr. Memorial Highway."
1840     (2)  The Department of Transportation is directed to erect
1841suitable markers designating U.S. Navy BMC Samuel Calhoun
1842Chavous, Jr. Memorial Highway as described in subsection (1).
1843     Section 33.  Marine Lance Corporal Brian R. Buesing
1844Memorial Highway designated; Department of Transportation to
1845erect suitable markers.-
1846     (1)  That portion of State Road 24 between County Road 347
1847and Bridge Number 340053 in Levy County is designated as "Marine
1848Lance Corporal Brian R. Buesing Memorial Highway."
1849     (2)  The Department of Transportation is directed to erect
1850suitable markers designating Marine Lance Corporal Brian R.
1851Buesing Memorial Highway as described in subsection (1).
1852     Section 34.  United States Army Sergeant Karl A. Campbell
1853Memorial Highway designated; Department of Transportation to
1854erect suitable markers.-
1855     (1)  That portion of U.S. Highway 19/98/State Road 55/S.
1856Main Street between N.W. 1st Avenue and S.E. 2nd Avenue in Levy
1857County is designated as "United States Army Sergeant Karl A.
1858Campbell Memorial Highway."
1859     (2)  The Department of Transportation is directed to erect
1860suitable markers designating United States Army Sergeant Karl A.
1861Campbell Memorial Highway as described in subsection (1).
1862     Section 35.  U.S. Army SPC James A. Page Memorial Highway
1863designated; Department of Transportation to erect suitable
1865     (1)  That portion of U.S. Highway 27A/State Road
1866500/Hathaway Avenue between State Road 24/Thrasher Drive and
1867Town Court in Levy County is designated as "U.S. Army SPC James
1868A. Page Memorial Highway."
1869     (2)  The Department of Transportation is directed to erect
1870suitable markers designating U.S. Army SPC James A. Page
1871Memorial Highway as described in subsection (1).
1872     Section 36.  Veterans Memorial Highway designated;
1873Department of Transportation to erect suitable markers.-
1874     (1)  That portion of State Road 19 between U.S. Highway
187517/State Road 15 and Carriage Drive in the City of Palatka in
1876Putnam County is designated as "Veterans Memorial Highway."
1877     (2)  The Department of Transportation is directed to erect
1878suitable markers designating Veterans Memorial Highway as
1879described in subsection (1).
1880     Section 37.  Ben G. Watts Highway designated; Department of
1881Transportation to erect suitable markers.-
1882     (1)  That portion of U.S. Highway 90/State Road 10 between
1883the Holmes County line and the Jackson County line in Washington
1884County is designated as "Ben G. Watts Highway."
1885     (2)  The Department of Transportation is directed to erect
1886suitable markers designating Ben G. Watts Highway as described
1887in subsection (1).
1888     Section 38.  Mardi Gras Way designated; Department of
1889Transportation to erect suitable markers.-
1890     (1)  That portion of State Road 824 between Interstate 95
1891and U.S. Highway 1 in Broward County is designated as "Mardi
1892Gras Way."
1893     (2)  The Department of Transportation is directed to erect
1894suitable markers designating Mardi Gras Way as described in
1895subsection (1).
1896     Section 39.  West Park Boulevard designated; Department of
1897Transportation to erect suitable markers.-
1898     (1)  That portion of State Road 7 between Pembroke Road and
1899County Line Road in Broward County is designated as "West Park
1901     (2)  The Department of Transportation is directed to erect
1902suitable markers designating West Park Boulevard as described in
1903subsection (1).
1904     Section 40.  Pembroke Park Boulevard designated; Department
1905of Transportation to erect suitable markers.-
1906     (1)  That portion of State Road 858/Hallandale Beach
1907Boulevard between Interstate 95 and U.S. Highway 441/State Road
19087 in Broward County is designated as "Pembroke Park Boulevard."
1909     (2)  The Department of Transportation is directed to erect
1910suitable markers designating Pembroke Park Boulevard as
1911described in subsection (1).
1912     Section 41.  Stark Memorial Drive designated; Department of
1913Transportation to erect suitable markers.-
1914     (1)  That portion of State Road 101/Mayport Road between
1915State Road A1A and Wonderwood Connector in Duval County is
1916designated as "Stark Memorial Drive."
1917     (2)  The Department of Transportation is directed to erect
1918suitable markers designating Stark Memorial Drive as described
1919in subsection (1).
1920     Section 42.  Duval County Law Enforcement Memorial Overpass
1921designated; Department of Transportation to erect suitable
1923     (1)  The Interstate 295/State Road 9A overpass (Bridge
1924Numbers 720256 and 720347) over Interstate 10/State Road 8 in
1925Duval County is designated as "Duval County Law Enforcement
1926Memorial Overpass."
1927     (2)  The Department of Transportation is directed to erect
1928suitable markers designating Duval County Law Enforcement
1929Memorial Overpass as described in subsection (1).
1930     Section 43.  Verna Bell Way designated; Department of
1931Transportation to erect suitable markers.-
1932     (1)  That portion of State Road 200 between Lime Street and
1933Beech Street in the City of Fernandina Beach in Nassau County is
1934designated as "Verna Bell Way."
1935     (2)  The Department of Transportation is directed to erect
1936suitable markers designating Verna Bell Way as described in
1937subsection (1).
1938     Section 44.  Deputy Hal P. Croft and Deputy Ronald Jackson
1939Memorial Highway designated; Department of Transportation to
1940erect suitable markers.-
1941     (1)  That portion of State Road 100 East in Union County
1942between the Bradford County line and the Columbia County line is
1943designated as "Deputy Hal P. Croft and Deputy Ronald Jackson
1944Memorial Highway."
1945     (2)  The Department of Transportation is directed to erect
1946suitable markers designating Deputy Hal P. Croft and Deputy
1947Ronald Jackson Memorial Highway as described in subsection (1).
1948     Section 45.  Dr. Oscar Elias Biscet Boulevard designated;
1949Department of Transportation to erect suitable markers.-
1950     (1)  That portion of Coral Way between S.W. 32nd Avenue and
1951S.W. 37th Avenue in Miami-Dade County is designated as "Dr.
1952Oscar Elias Biscet Boulevard."
1953     (2)  The Department of Transportation is directed to erect
1954suitable markers designating Dr. Oscar Elias Biscet Boulevard as
1955described in subsection (1).
1956     Section 46.  Alma Lee Loy Bridge designated; Department of
1957Transportation to erect suitable markers.-
1958     (1)  Bridge Number 880077 on State Road 656 between State
1959Road A1A and Indian River Boulevard in the City of Vero Beach in
1960Indian River County is designated as "Alma Lee Loy Bridge."
1961     (2)  The Department of Transportation is directed to erect
1962suitable markers designating Alma Lee Loy Bridge as described
1963subsection (1).
1964     Section 47.  Section 24 of chapter 2010-230, Laws of
1965Florida, is amended to read:
1966     Section 24.  Miss Lillie Williams Boulevard designated;
1967Department of Transportation to erect suitable markers.-
1968     (1)  That portion of N.W. 79th Street between N.W. 6th
1969Avenue and N.W. 7th E. 12th Avenue in Miami-Dade County is
1970designated as "Miss Lillie Williams Boulevard."
1971     (2)  The Department of Transportation is directed to erect
1972suitable markers designating Miss Lillie Williams Boulevard as
1973described in subsection (1).
1974     Section 48.  Section 45 of chapter 2010-230, Laws of
1975Florida, is amended to read:
1976     Section 45.  Father Gerard Jean-Juste Street designated;
1977Department of Transportation to erect suitable markers.-
1978     (1)  That portion of N.W. 54th Street in Miami-Dade County
1979between N.W. 2nd Avenue and N.E. N.W. 3rd Avenue in Little Haiti
1980is designated "Father Gerard Jean-Juste Street."
1981     (2)  The Department of Transportation is directed to erect
1982suitable markers designating Father Gerard Jean-Juste Street as
1983described in subsection (1).
1984     Section 49.  Paragraph (a) of subsection (12) of section
1985163.3180, Florida Statutes, is amended to read:
1986     163.3180  Concurrency.-
1987     (12)(a)  A development of regional impact may satisfy the
1988transportation concurrency requirements of the local
1989comprehensive plan, the local government's concurrency
1990management system, and s. 380.06 by payment of a proportionate-
1991share contribution for local and regionally significant traffic
1992impacts, if:
1993     1.  The development of regional impact which, based on its
1994location or mix of land uses, is designed to encourage
1995pedestrian or other nonautomotive modes of transportation;
1996     2.  The proportionate-share contribution for local and
1997regionally significant traffic impacts is sufficient to pay for
1998one or more required mobility improvements that will benefit a
1999regionally significant transportation facility;
2000     3.  The owner and developer of the development of regional
2001impact pays or assures payment of the proportionate-share
2002contribution; and
2003     4.  If the regionally significant transportation facility
2004to be constructed or improved is under the maintenance authority
2005of a governmental entity, as defined by s. 334.03(12), other
2006than the local government with jurisdiction over the development
2007of regional impact, the developer is required to enter into a
2008binding and legally enforceable commitment to transfer funds to
2009the governmental entity having maintenance authority or to
2010otherwise assure construction or improvement of the facility.
2012The proportionate-share contribution may be applied to any
2013transportation facility to satisfy the provisions of this
2014subsection and the local comprehensive plan, but, for the
2015purposes of this subsection, the amount of the proportionate-
2016share contribution shall be calculated based upon the cumulative
2017number of trips from the proposed development expected to reach
2018roadways during the peak hour from the complete buildout of a
2019stage or phase being approved, divided by the change in the peak
2020hour maximum service volume of roadways resulting from
2021construction of an improvement necessary to maintain the adopted
2022level of service, multiplied by the construction cost, at the
2023time of developer payment, of the improvement necessary to
2024maintain the adopted level of service. For purposes of this
2025subsection, "construction cost" includes all associated costs of
2026the improvement. Proportionate-share mitigation shall be limited
2027to ensure that a development of regional impact meeting the
2028requirements of this subsection mitigates its impact on the
2029transportation system but is not responsible for the additional
2030cost of reducing or eliminating backlogs. This subsection also
2031applies to Florida Quality Developments pursuant to s. 380.061
2032and to detailed specific area plans implementing optional sector
2033plans pursuant to s. 163.3245.
2034     Section 50.  Paragraph (k) of subsection (1) of section
2035163.3187, Florida Statutes, is amended to read:
2036     163.3187  Amendment of adopted comprehensive plan.-
2037     (1)  Amendments to comprehensive plans adopted pursuant to
2038this part may be made not more than two times during any
2039calendar year, except:
2040     (k)  A local comprehensive plan amendment directly related
2041to providing transportation improvements to enhance life safety
2042on controlled access major arterial highways identified in the
2043Strategic Intermodal System Florida Intrastate Highway System,
2044in counties as defined in s. 125.011, where such roadways have a
2045high incidence of traffic accidents resulting in serious injury
2046or death. Any such amendment shall not include any amendment
2047modifying the designation on a comprehensive development plan
2048land use map nor any amendment modifying the allowable densities
2049or intensities of any land.
2050     Section 51.  Subsection (3) of section 288.063, Florida
2051Statutes, is amended to read:
2052     288.063  Contracts for transportation projects.-
2053     (3)  With respect to any contract executed pursuant to this
2054section, the term "transportation project" means a
2055transportation facility as defined in s. 334.03(31) which is
2056necessary in the judgment of the Office of Tourism, Trade, and
2057Economic Development to facilitate the economic development and
2058growth of the state. Except for applications received prior to
2059July 1, 1996, such transportation projects shall be approved
2060only as a consideration to attract new employment opportunities
2061to the state or expand or retain employment in existing
2062companies operating within the state, or to allow for the
2063construction or expansion of a state or federal correctional
2064facility in a county with a population of 75,000 or less that
2065creates new employment opportunities or expands or retains
2066employment in the county. The Office of Tourism, Trade, and
2067Economic Development shall institute procedures to ensure that
2068small and minority businesses have equal access to funding
2069provided under this section. Funding for approved transportation
2070projects may include any expenses, other than administrative
2071costs and equipment purchases specified in the contract,
2072necessary for new, or improvement to existing, transportation
2073facilities. Funds made available pursuant to this section may
2074not be expended in connection with the relocation of a business
2075from one community to another community in this state unless the
2076Office of Tourism, Trade, and Economic Development determines
2077that without such relocation the business will move outside this
2078state or determines that the business has a compelling economic
2079rationale for the relocation which creates additional jobs.
2080Subject to appropriation for projects under this section, any
2081appropriation greater than $10 million shall be allocated to
2082each of the districts of the Department of Transportation to
2083ensure equitable geographical distribution. Such allocated funds
2084that remain uncommitted by the third quarter of the fiscal year
2085shall be reallocated among the districts based on pending
2086project requests.
2087     Section 52.  Paragraph (b) of subsection (3) of section
2088311.07, Florida Statutes, is amended to read:
2089     311.07  Florida seaport transportation and economic
2090development funding.-
2091     (3)
2092     (b)  Projects eligible for funding by grants under the
2093program are limited to the following port facilities or port
2094transportation projects:
2095     1.  Transportation facilities within the jurisdiction of
2096the port.
2097     2.  The dredging or deepening of channels, turning basins,
2098or harbors.
2099     3.  The construction or rehabilitation of wharves, docks,
2100structures, jetties, piers, storage facilities, cruise
2101terminals, automated people mover systems, or any facilities
2102necessary or useful in connection with any of the foregoing.
2103     4.  The acquisition of vessel tracking systems, container
2104cranes, or other mechanized equipment used in the movement of
2105cargo or passengers in international commerce.
2106     5.  The acquisition of land to be used for port purposes.
2107     6.  The acquisition, improvement, enlargement, or extension
2108of existing port facilities.
2109     7.  Environmental protection projects which are necessary
2110because of requirements imposed by a state agency as a condition
2111of a permit or other form of state approval; which are necessary
2112for environmental mitigation required as a condition of a state,
2113federal, or local environmental permit; which are necessary for
2114the acquisition of spoil disposal sites and improvements to
2115existing and future spoil sites; or which result from the
2116funding of eligible projects listed in this paragraph.
2117     8.  Transportation facilities as defined in s. 334.03(31)
2118which are not otherwise part of the Department of
2119Transportation's adopted work program.
2120     9.  Seaport intermodal access projects identified in the 5-
2121year Florida Seaport Mission Plan as provided in s. 311.09(3).
2122     10.  Construction or rehabilitation of port facilities as
2123defined in s. 315.02, excluding any park or recreational
2124facilities, in ports listed in s. 311.09(1) with operating
2125revenues of $5 million or less, provided that such projects
2126create economic development opportunities, capital improvements,
2127and positive financial returns to such ports.
2128     Section 53.  Subsection (7) of section 311.09, Florida
2129Statutes, is amended to read:
2130     311.09  Florida Seaport Transportation and Economic
2131Development Council.-
2132     (7)  The Department of Transportation shall review the list
2133of projects approved by the council for consistency with the
2134Florida Transportation Plan and the department's adopted work
2135program. In evaluating the consistency of a project, the
2136department shall determine whether the transportation impact of
2137the proposed project is adequately handled by existing state-
2138owned transportation facilities or by the construction of
2139additional state-owned transportation facilities as identified
2140in the Florida Transportation Plan and the department's adopted
2141work program. In reviewing for consistency a transportation
2142facility project as defined in s. 334.03(31) which is not
2143otherwise part of the department's work program, the department
2144shall evaluate whether the project is needed to provide for
2145projected movement of cargo or passengers from the port to a
2146state transportation facility or local road. If the project is
2147needed to provide for projected movement of cargo or passengers,
2148the project shall be approved for consistency as a consideration
2149to facilitate the economic development and growth of the state
2150in a timely manner. The Department of Transportation shall
2151identify those projects which are inconsistent with the Florida
2152Transportation Plan and the adopted work program and shall
2153notify the council of projects found to be inconsistent.
2154     Section 54.  Section 316.2122, Florida Statutes, is amended
2155to read:
2156     316.2122  Operation of a low-speed vehicle or mini truck on
2157certain roadways.-The operation of a low-speed vehicle as
2158defined in s. 320.01(42) or a mini truck as defined in s.
2159320.01(45) on any road as defined in s. 334.03(15) or (33) is
2160authorized with the following restrictions:
2161     (1)  A low-speed vehicle or mini truck may be operated only
2162on streets where the posted speed limit is 35 miles per hour or
2163less. This does not prohibit a low-speed vehicle or mini truck
2164from crossing a road or street at an intersection where the road
2165or street has a posted speed limit of more than 35 miles per
2167     (2)  A low-speed vehicle must be equipped with headlamps,
2168stop lamps, turn signal lamps, taillamps, reflex reflectors,
2169parking brakes, rearview mirrors, windshields, seat belts, and
2170vehicle identification numbers.
2171     (3)  A low-speed vehicle or mini truck must be registered
2172and insured in accordance with s. 320.02 and titled pursuant to
2173chapter 319.
2174     (4)  Any person operating a low-speed vehicle or mini truck
2175must have in his or her possession a valid driver's license.
2176     (5)  A county or municipality may prohibit the operation of
2177low-speed vehicles or mini trucks on any road under its
2178jurisdiction if the governing body of the county or municipality
2179determines that such prohibition is necessary in the interest of
2181     (6)  The Department of Transportation may prohibit the
2182operation of low-speed vehicles or mini trucks on any road under
2183its jurisdiction if it determines that such prohibition is
2184necessary in the interest of safety.
2185     Section 55.  Paragraph (c) of subsection (5) of section
2186316.515, Florida Statutes, is amended to read:
2187     316.515  Maximum width, height, length.-
2190     (c)  The width and height limitations of this section do
2191not apply to farming or agricultural equipment, whether self-
2192propelled, pulled, or hauled, when temporarily operated during
2193daylight hours upon a public road that is not a limited access
2194facility as defined in s. 334.03(13), and the width and height
2195limitations may be exceeded by such equipment without a permit.
2196To be eligible for this exemption, the equipment shall be
2197operated within a radius of 50 miles of the real property owned,
2198rented, or leased by the equipment owner. However, equipment
2199being delivered by a dealer to a purchaser is not subject to the
220050-mile limitation. Farming or agricultural equipment greater
2201than 174 inches in width must have one warning lamp mounted on
2202each side of the equipment to denote the width and must have a
2203slow-moving vehicle sign. Warning lamps required by this
2204paragraph must be visible from the front and rear of the vehicle
2205and must be visible from a distance of at least 1,000 feet.
2206     Section 56.  Section 318.12, Florida Statutes, is amended
2207to read:
2208     318.12  Purpose.-It is the legislative intent in the
2209adoption of this chapter to decriminalize certain violations of
2210chapter 316, the Florida Uniform Traffic Control Law; chapter
2211320, Motor Vehicle Licenses; chapter 322, Drivers' Licenses;
2212chapter 338, Limited Access Florida Intrastate Highway System
2213and Toll Facilities; and chapter 1006, Support of Learning,
2214thereby facilitating the implementation of a more uniform and
2215expeditious system for the disposition of traffic infractions.
2216     Section 57.  Subsection (3) of section 335.02, Florida
2217Statutes, is amended to read:
2218     335.02  Authority to designate transportation facilities
2219and rights-of-way and establish lanes; procedure for
2220redesignation and relocation; application of local regulations.-
2221     (3)  The department may establish standards for lanes on
2222the State Highway System, including the Strategic Intermodal
2223System highway corridors Florida Intrastate Highway System
2224established pursuant to s. 339.65 338.001. In determining the
2225number of lanes for any regional corridor or section of highway
2226on the State Highway System to be funded by the department with
2227state or federal funds, the department shall evaluate all
2228alternatives and seek to achieve the highest degree of efficient
2229mobility for corridor users. In conducting the analysis, the
2230department must give consideration to the following factors
2231consistent with sound engineering principles:
2232     (a)  Overall economic importance of the corridor as a trade
2233or tourism corridor.
2234     (b)  Safety of corridor users, including the importance of
2235the corridor for evacuation purposes.
2236     (c)  Cost-effectiveness of alternative methods of
2237increasing the mobility of corridor users.
2238     (d)  Current and projected traffic volumes on the corridor.
2239     (e)  Multimodal alternatives.
2240     (f)  Use of intelligent transportation technology in
2241increasing the efficiency of the corridor.
2242     (g)  Compliance with state and federal policies related to
2243clean air, environmental impacts, growth management, livable
2244communities, and energy conservation.
2245     (h)  Addition of special use lanes, such as exclusive truck
2246lanes, high-occupancy-vehicle toll lanes, and exclusive
2247interregional traffic lanes.
2248     (i)  Availability and cost of rights-of-way, including
2249associated costs, and the most effective use of existing rights-
2251     (j)  Regional economic and transportation objectives, where
2253     (k)  The future land use plan element of local government
2254comprehensive plans, as appropriate, including designated urban
2255infill and redevelopment areas.
2256     (l)  The traffic circulation element, if applicable, of
2257local government comprehensive plans, including designated
2258transportation corridors and public transportation corridors.
2259     (m)  The approved metropolitan planning organization's
2260long-range transportation plan, as appropriate.
2262This subsection does not preclude a number of lanes in excess of
226310 lanes, but an additional factor that must be considered
2264before the department may determine that the number of lanes
2265should be more than 10 is the capacity to accommodate in the
2266future alternative forms of transportation within existing or
2267potential rights-of-way.
2268     Section 58.  Section 336.01, Florida Statutes, is amended
2269to read:
2270     336.01  Designation of county road system.-The county road
2271system shall be as defined in s. 334.03(8).
2272     Section 59.  Subsection (2) of section 338.222, Florida
2273Statutes, is amended to read:
2274     338.222  Department of Transportation sole governmental
2275entity to acquire, construct, or operate turnpike projects;
2277     (2)  The department may contract with any local
2278governmental entity as defined in s. 334.03(13)(14) for the
2279design, right-of-way acquisition, or construction of any
2280turnpike project which the Legislature has approved. Local
2281governmental entities may negotiate with the department for the
2282design, right-of-way acquisition, and construction of any
2283section of the turnpike project within areas of their respective
2284jurisdictions or within counties with which they have interlocal
2286     Section 60.  Paragraph (b) of subsection (1) of section
2287338.223, Florida Statutes, is amended to read:
2288     338.223  Proposed turnpike projects.-
2289     (1)
2290     (b)  Any proposed turnpike project or improvement shall be
2291developed in accordance with the Florida Transportation Plan and
2292the work program pursuant to s. 339.135. Turnpike projects that
2293add capacity, alter access, affect feeder roads, or affect the
2294operation of the local transportation system shall be included
2295in the transportation improvement plan of the affected
2296metropolitan planning organization. If such turnpike project
2297does not fall within the jurisdiction of a metropolitan planning
2298organization, the department shall notify the affected county
2299and provide for public hearings in accordance with s.
2301     Section 61.  Subsection (4) of section 338.227, Florida
2302Statutes, is amended to read:
2303     338.227  Turnpike revenue bonds.-
2304     (4)  The Department of Transportation and the Department of
2305Management Services shall create and implement an outreach
2306program designed to enhance the participation of minority
2307persons and minority business enterprises in all contracts
2308entered into by their respective departments for services
2309related to the financing of department projects for the
2310Strategic Intermodal System Plan developed pursuant to s. 339.64
2311Florida Intrastate Highway System Plan. These services shall
2312include, but not be limited to, bond counsel and bond
2314     Section 62.  Subsection (2) of section 338.2275, Florida
2315Statutes, is amended to read:
2316     338.2275  Approved turnpike projects.-
2317     (2)  The department is authorized to use turnpike revenues,
2318the State Transportation Trust Fund moneys allocated for
2319turnpike projects pursuant to s. 339.65 s. 338.001, federal
2320funds, and bond proceeds, and shall use the most cost-efficient
2321combination of such funds, in developing a financial plan for
2322funding turnpike projects. The department must submit a report
2323of the estimated cost for each ongoing turnpike project and for
2324each planned project to the Legislature 14 days before the
2325convening of the regular legislative session. Verification of
2326economic feasibility and statements of environmental feasibility
2327for individual turnpike projects must be based on the entire
2328project as approved. Statements of environmental feasibility are
2329not required for those projects listed in s. 12, chapter 90-136,
2330Laws of Florida, for which the Project Development and
2331Environmental Reports were completed by July 1, 1990. All
2332required environmental permits must be obtained before the
2333department may advertise for bids for contracts for the
2334construction of any turnpike project.
2335     Section 63.  Section 338.228, Florida Statutes, is amended
2336to read:
2337     338.228  Bonds not debts or pledges of credit of state.-
2338Turnpike revenue bonds issued under the provisions of ss.
2339338.22-338.241 are not debts of the state or pledges of the
2340faith and credit of the state. Such bonds are payable
2341exclusively from revenues pledged for their payment. All such
2342bonds shall contain a statement on their face that the state is
2343not obligated to pay the same or the interest thereon, except
2344from the revenues pledged for their payment, and that the faith
2345and credit of the state is not pledged to the payment of the
2346principal or interest of such bonds. The issuance of turnpike
2347revenue bonds under the provisions of ss. 338.22-338.241 does
2348not directly, indirectly, or contingently obligate the state to
2349levy or to pledge any form of taxation whatsoever, or to make
2350any appropriation for their payment. Except as provided in ss.
2351338.001, 338.223, and 338.2275, and 339.65, no state funds shall
2352be used on any turnpike project or to pay the principal or
2353interest of any bonds issued to finance or refinance any portion
2354of the turnpike system, and all such bonds shall contain a
2355statement on their face to this effect.
2356     Section 64.  Subsection (2) of section 338.234, Florida
2357Statutes, is amended to read:
2358     338.234  Granting concessions or selling along the turnpike
2359system; immunity from taxation.-
2360     (2)  The effectuation of the authorized purposes of the
2361Strategic Intermodal System, created under ss. 339.61-339.65,
2362Florida Intrastate Highway System and Florida Turnpike
2363Enterprise, created under this chapter, is for the benefit of
2364the people of the state, for the increase of their commerce and
2365prosperity, and for the improvement of their health and living
2366conditions; and, because the system and enterprise perform
2367essential government functions in effectuating such purposes,
2368neither the turnpike enterprise nor any nongovernment lessee or
2369licensee renting, leasing, or licensing real property from the
2370turnpike enterprise, pursuant to an agreement authorized by this
2371section, are required to pay any commercial rental tax imposed
2372under s. 212.031 on any capital improvements constructed,
2373improved, acquired, installed, or used for such purposes.
2374     Section 65.  Subsections (1) and (3) of section 339.2819,
2375Florida Statutes, are amended to read:
2376     339.2819  Transportation Regional Incentive Program.-
2377     (1)  There is created within the Department of
2378Transportation a Transportation Regional Incentive Program for
2379the purpose of providing funds to improve regionally significant
2380transportation facilities in regional transportation areas
2381created pursuant to s. 339.155(4)(5).
2382     (3)  The department shall allocate funding available for
2383the Transportation Regional Incentive Program to the districts
2384based on a factor derived from equal parts of population and
2385motor fuel collections for eligible counties in regional
2386transportation areas created pursuant to s. 339.155(4)(5).
2387     Section 66.  Subsection (6) of section 339.285, Florida
2388Statutes, is amended to read:
2389     339.285  Enhanced Bridge Program for Sustainable
2391     (6)  Preference shall be given to bridge projects located
2392on corridors that connect to the Strategic Intermodal System,
2393created under s. 339.64, and that have been identified as
2394regionally significant in accordance with s. 339.155(4)(5)(c),
2395(d), and (e).
2396     Section 67.  Section 339.62, Florida Statutes, is amended
2397to read:
2398     339.62  System components.-The Strategic Intermodal System
2399shall consist of appropriate components of:
2400     (1)  Highway corridors The Florida Intrastate Highway
2401System established under s. 339.65 s. 338.001.
2402     (2)  The National Highway System.
2403     (3)  Airport, seaport, and spaceport facilities.
2404     (4)  Rail lines and rail facilities.
2405     (5)  Selected intermodal facilities; passenger and freight
2406terminals; and appropriate components of the State Highway
2407System, county road system, city street system, inland
2408waterways, and local public transit systems that serve as
2409existing or planned connectors between the components listed in
2410subsections (1)-(4).
2411     (6)  Other existing or planned corridors that serve a
2412statewide or interregional purpose.
2413     Section 68.  Subsection (2) of section 341.053, Florida
2414Statutes, is amended to read:
2415     341.053  Intermodal Development Program; administration;
2416eligible projects; limitations.-
2417     (2)  In recognition of the department's role in the
2418economic development of this state, the department shall develop
2419a proposed intermodal development plan to connect Florida's
2420airports, deepwater seaports, rail systems serving both
2421passenger and freight, and major intermodal connectors to the
2422Strategic Intermodal System highway corridors Florida Intrastate
2423Highway System facilities as the primary system for the movement
2424of people and freight in this state in order to make the
2425intermodal development plan a fully integrated and
2426interconnected system. The intermodal development plan must:
2427     (a)  Define and assess the state's freight intermodal
2428network, including airports, seaports, rail lines and terminals,
2429intercity bus lines and terminals, and connecting highways.
2430     (b)  Prioritize statewide infrastructure investments,
2431including the acceleration of current projects, which are found
2432by the Freight Stakeholders Task Force to be priority projects
2433for the efficient movement of people and freight.
2434     (c)  Be developed in a manner that will assure maximum use
2435of existing facilities and optimum integration and coordination
2436of the various modes of transportation, including both
2437government-owned and privately owned resources, in the most
2438cost-effective manner possible.
2439     Section 69.  Subsection (2) of section 341.8225, Florida
2440Statutes, is amended to read:
2441     341.8225  Department of Transportation sole governmental
2442entity to acquire, construct, or operate high-speed rail
2443projects; exception.-
2444     (2)  Local governmental entities, as defined in s.
2445334.03(13)(14), may negotiate with the department for the
2446design, right-of-way acquisition, and construction of any
2447component of the high-speed rail system within areas of their
2448respective jurisdictions or within counties with which they have
2449interlocal agreements.
2450     Section 70.  Paragraph (a) of subsection (2) of section
2451403.7211, Florida Statutes, is amended to read:
2452     403.7211  Hazardous waste facilities managing hazardous
2453wastes generated offsite; federal facilities managing hazardous
2455     (2)  The department shall not issue any permit under s.
2456403.722 for the construction, initial operation, or substantial
2457modification of a facility for the disposal, storage, or
2458treatment of hazardous waste generated offsite which is proposed
2459to be located in any of the following locations:
2460     (a)  Any area where life-threatening concentrations of
2461hazardous substances could accumulate at any residence or
2462residential subdivision as the result of a catastrophic event at
2463the proposed facility, unless each such residence or residential
2464subdivision is served by at least one arterial road or urban
2465minor arterial road, as determined under the procedures
2466referenced in s. 334.03(9) defined in s. 334.03, which provides
2467safe and direct egress by land to an area where such life-
2468threatening concentrations of hazardous substances could not
2469accumulate in a catastrophic event. Egress by any road leading
2470from any residence or residential subdivision to any point
2471located within 1,000 yards of the proposed facility is unsafe
2472for the purposes of this paragraph. In determining whether
2473egress proposed by the applicant is safe and direct, the
2474department shall also consider, at a minimum, the following
2476     1.  Natural barriers such as water bodies, and whether any
2477road in the proposed evacuation route is impaired by a natural
2478barrier such as a water body;
2479     2.  Potential exposure during egress and potential
2480increases in the duration of exposure;
2481     3.  Whether any road in a proposed evacuation route passes
2482in close proximity to the facility; and
2483     4.  Whether any portion of the evacuation route is
2484inherently directed toward the facility.
2486For the purposes of this subsection, all distances shall be
2487measured from the outer limit of the active hazardous waste
2488management area. "Substantial modification" includes: any
2489physical change in, change in the operations of, or addition to
2490a facility which could increase the potential offsite impact, or
2491risk of impact, from a release at that facility; and any change
2492in permit conditions which is reasonably expected to lead to
2493greater potential impacts or risks of impacts, from a release at
2494that facility. "Substantial modification" does not include a
2495change in operations, structures, or permit conditions which
2496does not substantially increase either the potential impact
2497from, or the risk of, a release. Physical or operational changes
2498to a facility related solely to the management of nonhazardous
2499waste at the facility shall not be considered a substantial
2500modification. The department shall, by rule, adopt criteria to
2501determine whether a facility has been substantially modified.
2502"Initial operation" means the initial commencement of operations
2503at the facility.
2504     Section 71.  Subsection (27) of section 479.01, Florida
2505Statutes, is amended to read:
2506     479.01  Definitions.-As used in this chapter, the term:
2507     (27)  "Urban area" has the same meaning as defined in s.
2509     Section 72.  Subsection (1) of section 479.07, Florida
2510Statutes, is amended to read:
2511     479.07  Sign permits.-
2512     (1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
2513person may not erect, operate, use, or maintain, or cause to be
2514erected, operated, used, or maintained, any sign on the State
2515Highway System outside an urban area, as defined in s.
2516334.03(32), or on any portion of the interstate or federal-aid
2517primary highway system without first obtaining a permit for the
2518sign from the department and paying the annual fee as provided
2519in this section. As used in this section, the term "on any
2520portion of the State Highway System, interstate, or federal-aid
2521primary system" means a sign located within the controlled area
2522which is visible from any portion of the main-traveled way of
2523such system.
2524     Section 73.  Subsection (5) of section 479.261, Florida
2525Statutes, is amended to read:
2526     479.261  Logo sign program.-
2527     (5)  At a minimum, permit fees for businesses that
2528participate in the program must be established in an amount
2529sufficient to offset the total cost to the department for the
2530program, including contract costs. The department shall provide
2531the services in the most efficient and cost-effective manner
2532through department staff or by contracting for some or all of
2533the services. The department shall adopt rules that set
2534reasonable rates based upon factors such as population, traffic
2535volume, market demand, and costs for annual permit fees.
2536However, annual permit fees for sign locations inside an urban
2537area, as defined in s. 334.03(32), may not exceed $3,500, and
2538annual permit fees for sign locations outside an urban area, as
2539defined in s. 334.03(32), may not exceed $2,000. After
2540recovering program costs, the proceeds from the annual permit
2541fees shall be deposited into the State Transportation Trust Fund
2542and used for transportation purposes.
2543     Section 74.  Paragraph (b) of subsection (3) of section
254420.23, Florida Statutes, is amended to read:
2545     20.23  Department of Transportation.-There is created a
2546Department of Transportation which shall be a decentralized
2548     (3)  There is created the Florida Statewide Passenger Rail
2550     (b)  The commission shall have the primary and exclusive
2551functions of:
2552     1.  Monitoring the efficiency, productivity, and management
2553of all publicly funded passenger rail systems in the state,
2554including, but not limited to, any authority created under
2555chapter 343, chapter 349, or chapter 163 if the authority
2556receives public funds for providing the provision of passenger
2557rail service. The commission shall advise each monitored
2558authority of its findings and recommendations. The commission
2559shall also conduct periodic reviews of each monitored
2560authority's passenger rail and associated transit operations and
2561budget, acquisition of property, management of revenue and bond
2562proceeds, and compliance with applicable laws and generally
2563accepted accounting principles. The commission may seek the
2564assistance of the Florida Transportation Commission Auditor
2565General in conducting such reviews and shall report the findings
2566of such reviews to the Legislature. This paragraph does not
2567preclude the Florida Transportation Commission from conducting
2568its performance and work program monitoring responsibilities.
2569     2.  Advising the department on policies and strategies used
2570in planning, designing, building, operating, financing, and
2571maintaining a coordinated statewide system of passenger rail
2573     3.  Evaluating passenger rail policies and providing advice
2574and recommendations to the Legislature on passenger rail
2575operations in the state.
2576     Section 75.  Subsection (13) is added to section 311.09,
2577Florida Statutes, to read:
2578     311.09  Florida Seaport Transportation and Economic
2579Development Council.-
2580     (13)  Until July 1, 2014, Citrus County may apply for a
2581grant through the Florida Seaport Transportation and Economic
2582Development Council to perform a feasibility study regarding the
2583establishment of a port in Citrus County. The council shall
2584evaluate such application in accordance with subsections (5)-(9)
2585and, if approved, the Department of Transportation shall include
2586the feasibility study in its budget request pursuant to
2587subsection (10).
2588     Section 76.  Paragraph (d) of subsection (1) of section
2589212.055, Florida Statutes, is amended to read:
2590     212.055  Discretionary sales surtaxes; legislative intent;
2591authorization and use of proceeds.-It is the legislative intent
2592that any authorization for imposition of a discretionary sales
2593surtax shall be published in the Florida Statutes as a
2594subsection of this section, irrespective of the duration of the
2595levy. Each enactment shall specify the types of counties
2596authorized to levy; the rate or rates which may be imposed; the
2597maximum length of time the surtax may be imposed, if any; the
2598procedure which must be followed to secure voter approval, if
2599required; the purpose for which the proceeds may be expended;
2600and such other requirements as the Legislature may provide.
2601Taxable transactions and administrative procedures shall be as
2602provided in s. 212.054.
2605     (d)  Proceeds from the surtax shall be applied to as many
2606or as few of the uses enumerated below in whatever combination
2607the county commission deems appropriate:
2608     1.  Deposited by the county in the trust fund and shall be
2609used for the purposes of development, construction, equipment,
2610maintenance, operation, supportive services, including a
2611countywide bus system, on-demand transportation services, and
2612related costs of a fixed guideway rapid transit system;
2613     2.  Remitted by the governing body of the county to an
2614expressway, transit, or transportation authority created by law
2615to be used, at the discretion of such authority, for the
2616development, construction, operation, or maintenance of roads or
2617bridges in the county, for the operation and maintenance of a
2618bus system, for the operation and maintenance of on-demand
2619transportation services, for the payment of principal and
2620interest on existing bonds issued for the construction of such
2621roads or bridges, and, upon approval by the county commission,
2622such proceeds may be pledged for bonds issued to refinance
2623existing bonds or new bonds issued for the construction of such
2624roads or bridges;
2625     3.  Used by the county for the development, construction,
2626operation, and maintenance of roads and bridges in the county;
2627for the expansion, operation, and maintenance of bus and fixed
2628guideway systems; for the expansion, operation, and maintenance
2629of on-demand transportation services; and for the payment of
2630principal and interest on bonds issued for the construction of
2631fixed guideway rapid transit systems, bus systems, roads, or
2632bridges; and such proceeds may be pledged by the governing body
2633of the county for bonds issued to refinance existing bonds or
2634new bonds issued for the construction of such fixed guideway
2635rapid transit systems, bus systems, roads, or bridges and no
2636more than 25 percent used for nontransit uses; and
2637     4.  Used by the county for the planning, development,
2638construction, operation, and maintenance of roads and bridges in
2639the county; for the planning, development, expansion, operation,
2640and maintenance of bus and fixed guideway systems; for the
2641planning, development, construction, operation, and maintenance
2642of on-demand transportation services; and for the payment of
2643principal and interest on bonds issued for the construction of
2644fixed guideway rapid transit systems, bus systems, roads, or
2645bridges; and such proceeds may be pledged by the governing body
2646of the county for bonds issued to refinance existing bonds or
2647new bonds issued for the construction of such fixed guideway
2648rapid transit systems, bus systems, roads, or bridges. Pursuant
2649to an interlocal agreement entered into pursuant to chapter 163,
2650the governing body of the county may distribute proceeds from
2651the tax to a municipality, or an expressway or transportation
2652authority created by law to be expended for the purpose
2653authorized by this paragraph. Any county that has entered into
2654interlocal agreements for distribution of proceeds to one or
2655more municipalities in the county shall revise such interlocal
2656agreements as necessary for the sole purpose of including no
2657less than every 5 years in order to include any municipalities
2658that have been created during the immediately preceding year,
2659provided that any funds distributed to a new municipality must
2660come from funds otherwise retained and used by the charter
2661county, must be on a pro rata basis with the allocation of funds
2662to the previously existing municipalities, and must not reduce
2663the percentage allocation to the previously existing
2664municipalities. Notwithstanding the foregoing, the first
2665revision of interlocal agreements pursuant to this subparagraph
2666shall include any municipality that has been created since the
2667surtax was adopted by the charter county. Any charter county
2668that seeks to terminate or substantially modify the distribution
2669of funds to municipalities may do so only pursuant to approval
2670by a majority vote of the electorate of the county since the
2671prior interlocal agreements were executed.
2672     Section 77.  Subsection (5) of section 316.613, Florida
2673Statutes, is renumbered as subsection (6) and a new subsection
2674(5) is added to that section to read:
2675     316.613  Child restraint requirements.-
2676     (5)  The child restraint requirements imposed by this
2677section do not apply to a chauffeur-driven taxi, limousine,
2678sedan, van, bus, motor coach, or other passenger vehicle if the
2679operator and the motor vehicle are hired and used for the
2680transportation of persons for compensation. It is the obligation
2681and responsibility of the parent, guardian, or other person
2682responsible for a child's welfare, as defined in s. 39.01(47),
2683to comply with the requirements of this section.
2684     Section 78.  Except as otherwise expressly provided in this
2685act and except for this section, which shall take effect upon
2686this act becoming a law, this act shall take effect July 1,

CODING: Words stricken are deletions; words underlined are additions.